Terms of Service - AppSimple

These Terms of Service ("Terms") govern your access to and use of the services provided by AppSimple ("we," "us," or "our"), including AI implementation consulting, development, and related services (collectively, the "Services"). Please read these Terms carefully before engaging our Services.

By engaging our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not use our Services.

1. Services Description

AppSimple provides AI implementation and consulting services, including but not limited to:

AI technology assessment and strategy development
Custom AI solution design and implementation
Integration of AI systems with existing infrastructure
AI model evaluation, testing, and optimization
Training and knowledge transfer
Ongoing support and maintenance

The specific Services to be provided will be detailed in a separate Statement of Work or Service Agreement between you and AppSimple.

2. Service Level Agreements

For each project, we will work with you to establish reasonable expectations for deliverables and timelines as outlined in our correspondence or any formal agreement.

2.1 Project Approach

We strive to meet agreed-upon milestones and communicate clearly throughout the project. If adjustments become necessary, we will discuss them with you to find a reasonable solution.

2.2 Communication

We value responsive communication and will make reasonable efforts to respond to client communications in a timely manner based on business hours and existing commitments.

2.3 Delivery and Acceptance

Upon delivery of project components, you will have an opportunity to review and provide feedback. We will work with you to address reasonable revision requests within the project scope.

2.4 Circumstances Beyond Control

Neither party shall be held responsible for delays resulting from circumstances beyond their reasonable control. If such circumstances arise, we will work together to adjust expectations accordingly.

3. Client Responsibilities

To facilitate successful delivery of our Services, you agree to:

Provide reasonably necessary information and access
Designate a contact person for project communications
Review deliverables and provide feedback
Provide data in a workable format if applicable
Respect proprietary information
Comply with applicable laws regarding data use

4. AI-Specific Terms and Limitations

4.1 AI System Limitations

You acknowledge and agree that:

AI systems have inherent limitations and may not be perfectly accurate or error-free
AI outputs should be reviewed before making significant business decisions
Performance of AI systems is influenced by the data used
AI models may require updates as needs evolve

4.2 Responsibility for AI Outputs

While we implement AI solutions based on agreed requirements, you assume responsibility for:

Reviewing and verifying AI-generated outputs
Business decisions based on the AI system
Compliance with relevant regulations
Informing us about any performance concerns

5. Intellectual Property

5.1 Pre-existing IP

Each party retains all rights to its pre-existing intellectual property.

5.2 Project Deliverables

Unless otherwise agreed in writing:

Upon full payment, you will receive a license to use the specific deliverables developed for your project
We retain ownership of our methods, tools, and general knowledge
We may apply general insights gained in the course of our work, without disclosing your confidential information
For AI models, appropriate rights will be determined based on the specific project requirements

5.3 Open Source Components

Our implementations may include open-source components subject to their original licenses.

6. Confidentiality

Each party agrees to maintain the confidentiality of the other's confidential information, including but not limited to business plans, technical specifications, financial data, and proprietary algorithms. Neither party will disclose such information to third parties without prior written consent, except as required by law.

This confidentiality obligation survives the termination of our service relationship for a period of three (3) years.

7. Payment Terms

Payment terms will be as agreed upon in our communications or formal agreements. Unless otherwise stated:

Payment is due as specified in our invoices
Late payments may incur additional charges
Initial deposits may be required for certain services
We reserve the right to pause work until payment issues are resolved

8. Limitation of Liability

To the maximum extent permitted by law, our total liability for any claims under these Terms shall be limited to the amount paid by you for the specific service component directly related to the claim.

In no event shall either party be liable for any indirect, special, incidental, or consequential damages, even if advised of the possibility of such damages.

These limitations apply to all claims regardless of the legal theory, except where prohibited by law.

9. Term and Termination

These Terms apply throughout your engagement of our services. Either party may end the relationship:

By providing reasonable notice to the other party
For material breach if not remedied within a reasonable timeframe
Immediately in case of insolvency or bankruptcy

Upon termination, payment is due for services rendered up to that point. Provisions concerning Intellectual Property, Confidentiality, and Limitation of Liability will continue to apply afterward.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any dispute arising from these Terms shall first be addressed through good-faith negotiation between the parties. If a resolution cannot be reached, the parties may proceed with appropriate legal remedies.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and notifying active clients directly. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

12. Miscellaneous

These Terms, together with any applicable Statement of Work or Service Agreement, constitute the entire agreement between you and AppSimple regarding the Services and supersede all prior understandings.

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Neither party may assign its rights or obligations under these Terms without the prior written consent of the other party, except in connection with a merger, acquisition, or sale of all or substantially all of its assets.

13. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

Last Updated: March 26, 2025