TERMS OF SERVICE
Please read these Terms of Service ("Terms," "Agreement") carefully before using the website ithiel.com (the "Site") or engaging the iOS app development services (the "Services") operated by Ithiel ("Company," "I," "me," or "my").
By accessing the Site or using the Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not access the Site or use the Services.
SERVICES OVERVIEW
1.1 Description of Services
I provide iOS mobile application development services, including but not limited to:
MVP (Minimum Viable Product) development
Prototype creation
UI/UX design implementation
Backend integration
TestFlight delivery
Source code delivery
Bug support as specified in your service package
1.2 Service Packages
Services are offered in the following standard packages:
Sprint Package ($5,000 / 1 Week):
Free working prototype before payment
3-4 core screens
Authentication implementation
Basic backend integration
TestFlight delivery
Full source code and GitHub repository
14-day bug support
Launch Package ($10,000 / 2 Weeks):
Free working prototype before payment
5-8+ screens (full MVP scope)
Custom UI/UX design
Advanced backend architecture
TestFlight delivery
Full source code and documentation
14-day bug support
Priority communication
Custom Package (Variable Pricing):
App Store submission support
Extended bug support
Revenue analysis for existing apps
Ongoing development retainer
Custom scope and timeline
1.3 Scope Limitations
The Services do not include:
App Store submission (unless purchased as an add-on)
App Store approval (outside my control)
Marketing, advertising, or user acquisition
Ongoing maintenance beyond the specified support period
Server hosting or infrastructure costs
Third-party API costs or subscriptions
Apple Developer Program fees ($99/year)
ENGAGEMENT PROCESS
2.1 Discovery Call
The engagement begins with a 15-minute Discovery Call to discuss your project requirements and determine if we are a good fit.
2.2 Strategy Call
If both parties wish to proceed, a 30-minute Strategy Call is scheduled to:
Define detailed project scope
Review screen-by-screen requirements
Establish timeline and deliverables
Confirm pricing
2.3 Free Prototype
After the Strategy Call and before payment, I will create a free working prototype (2-3 core screens) to demonstrate the proposed solution. This prototype allows you to evaluate the approach before committing.
2.4 Kickoff Call
Upon payment, a Kickoff Call is scheduled to:
Lock final feature list and scope
Establish communication preferences
Set day-by-day build schedule
Confirm all requirements
2.5 Build Phase
Development begins the day after the Kickoff Call and continues for the duration specified in your package (1 week for Sprint, 2 weeks for Launch).
2.6 Delivery
The completed application is delivered via Apple TestFlight. You will also receive:
Full source code via GitHub repository
Basic documentation
Instructions for ongoing development (if applicable)
CLIENT RESPONSIBILITIES
3.1 Information and Materials
You agree to provide:
Clear and complete project requirements
Brand assets (logos, colors, fonts) if applicable
Content (text, images) for the application
Timely responses to questions and requests for feedback
Access to any third-party services or APIs needed for the project
Apple Developer account credentials (for TestFlight deployment)
3.2 Timely Feedback
You agree to provide feedback within 24 hours during the build phase. Delays in feedback may extend the project timeline.
3.3 Accurate Information
You represent that all information you provide is accurate and complete. I am not responsible for delays or issues caused by inaccurate or incomplete information.
3.4 Apple Developer Account
You are responsible for maintaining an active Apple Developer Program membership ($99/year) for TestFlight delivery. I can assist with setup but am not responsible for Apple Developer Program fees.
PAYMENT TERMS
4.1 Payment Schedule
Free Prototype: No charge
Full Payment: Due before Kickoff Call
Payment is required in full before the build phase begins. No work will commence until payment is received.
4.2 Accepted Payment Methods
I accept payment via:
Bank transfer (ACH)
Stripe
PayPal
Other methods by arrangement
4.3 Currency
All prices are in United States Dollars (USD) unless otherwise specified.
4.4 Taxes
Prices do not include applicable taxes. You are responsible for any sales tax, VAT, or other taxes applicable to the transaction.
4.5 Late Payments
If payment is not received by the agreed date:
The project may be delayed or suspended
I reserve the right to withhold deliverables until payment is received
I may charge a late fee of 1.5% per month on overdue amounts
4.6 Refund Policy
Before Kickoff: If you cancel after payment but before the Kickoff Call, you may receive a refund minus a $500 administrative fee.
After Kickoff: Once the build phase begins, payments are non-refundable. You will receive all work completed to date.
Delivery Guarantee: If I fail to deliver the agreed scope, I will continue working at no additional cost (see Section 6).
PROJECT SCOPE AND CHANGES
5.1 Scope Definition
Project scope is defined during the Strategy Call and locked at the Kickoff Call. The scope includes:
Number and types of screens
Features and functionality
Technical requirements
Design specifications
5.2 Scope Lock
After the Kickoff Call, the scope is locked. No changes to scope are permitted during the build phase unless both parties agree in writing.
5.3 Change Requests
If you request changes to the locked scope:
I will provide a quote for the additional work
Changes may extend the project timeline
Additional payment is required before change work begins
Significant scope changes may require a new project engagement
5.4 Out-of-Scope Items
The following are considered out of scope unless explicitly included:
Features not discussed during Strategy/Kickoff calls
Integration with services not mentioned in scope
Additional screens beyond the agreed count
App Store submission and approval
Marketing materials or assets
Backend infrastructure beyond agreed specifications
DELIVERY GUARANTEE
6.1 Timeline Commitment
I commit to delivering the agreed scope within the specified timeline:
Sprint: 7 calendar days from Kickoff
Launch: 14 calendar days from Kickoff
Custom: As specified in your agreement
6.2 Guarantee
If I fail to deliver the agreed scope by the deadline, I will continue working at no additional cost until the project is complete.
6.3 Exclusions from Guarantee
The delivery guarantee does not apply to delays caused by:
Scope changes requested by you
Delayed feedback or approvals from you
Missing information, materials, or credentials from you
Third-party service outages or limitations
Force majeure events (see Section 13)
App Store review or approval timelines
6.4 What "Delivery" Means
Delivery means:
A working iOS application accessible via TestFlight
Source code transferred to your GitHub repository
Basic documentation provided
The application functions as specified in the locked scope
Delivery does NOT mean:
App Store approval (outside my control)
Zero bugs (bug support is provided separately)
Performance on specific devices not tested
BUG SUPPORT
7.1 Support Period
Bug support is included for the period specified in your package:
Sprint: 14 days from delivery
Launch: 14 days from delivery
Custom: As specified in your agreement
7.2 Definition of Bug
A "bug" is defined as:
Functionality that does not work as specified in the agreed scope
Crashes or errors that prevent normal use
Significant performance issues
7.3 Exclusions
Bug support does NOT include:
New features or functionality
Design changes or improvements
Changes to accommodate new iOS versions released after delivery
Issues caused by modifications you make to the code
Issues caused by third-party services or APIs
"Bugs" that are actually feature requests
7.4 Response Time
I will respond to bug reports within 24 hours during business days. Critical bugs (app crashes, data loss) will be prioritized.
7.5 Extended Support
Extended bug support beyond the included period is available as an add-on. Contact me for pricing.
INTELLECTUAL PROPERTY
8.1 Your Ownership
Upon full payment, you own:
All source code written specifically for your project
All design assets created specifically for your project
All documentation created for your project
The right to modify, distribute, and commercialize the application
8.2 My Retained Rights
I retain:
The right to use general knowledge, skills, and techniques gained during the project
The right to use open-source libraries and frameworks (subject to their respective licenses)
The right to display the project in my portfolio (see Section 8.4)
8.3 Third-Party Components
The application may include:
Open-source libraries (subject to their licenses, e.g., MIT, Apache)
Third-party SDKs and APIs (subject to their terms)
Stock assets (subject to their licenses)
I will provide a list of third-party components and their licenses upon request.
8.4 Portfolio Rights
I may display the completed project in my portfolio, including:
Screenshots and demos
General description of the project
Technologies used
I will NOT include:
Your name or company name (without permission)
Confidential business information
Source code or proprietary details
If you wish to remain anonymous, please notify me in writing before project completion.
8.5 Pre-Existing Materials
Any materials, code, or intellectual property you provide remain your property. Any materials, templates, or code I bring to the project that existed before our engagement remain my property (though you receive a license to use them in your application).
CONFIDENTIALITY
9.1 Confidential Information
Both parties agree to keep confidential any non-public information shared during the engagement, including:
Business plans and strategies
App concepts and features
Technical specifications
Pricing and financial information
User data and analytics
9.2 Exceptions
Confidentiality obligations do not apply to information that:
Is or becomes publicly available through no fault of the receiving party
Was known to the receiving party before disclosure
Is independently developed by the receiving party
Is required to be disclosed by law
9.3 Duration
Confidentiality obligations survive termination of this Agreement for a period of 2 years.
WARRANTIES AND DISCLAIMERS
10.1 My Warranties
I warrant that:
The Services will be performed in a professional and workmanlike manner
The deliverables will substantially conform to the agreed specifications
To my knowledge, the code I write will not infringe any third-party intellectual property rights
10.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10.3 No Guarantee of Results
I do not warrant or guarantee:
App Store approval
Commercial success of the application
Specific number of downloads or users
Revenue or profit
Compatibility with future iOS versions
Performance on all devices
LIMITATION OF LIABILITY
11.1 Cap on Liability
MY TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES.
11.2 Exclusion of Damages
IN NO EVENT SHALL I BE LIABLE FOR ANY:
Indirect, incidental, special, consequential, or punitive damages
Lost profits, revenue, or business opportunities
Loss of data or data corruption
Cost of substitute services
Damages arising from App Store rejection
Damages arising from third-party claims
11.3 Basis of the Bargain
The limitations in this section apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and even if I have been advised of the possibility of such damages.
INDEMNIFICATION
12.1 Your Indemnification
You agree to indemnify, defend, and hold harmless Ithiel and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
Your breach of these Terms
Your use of the deliverables
Your violation of any third-party rights
Content or materials you provide
Your application's violation of App Store guidelines
12.2 My Indemnification
I agree to indemnify you against claims that the code I write infringes a third party's intellectual property rights, provided you notify me promptly of any such claim.
TERMINATION
13.1 Termination by You
You may terminate this Agreement at any time by providing written notice. If you terminate:
Before Kickoff: Refund minus $500 administrative fee
After Kickoff: No refund; you receive all work completed to date
13.2 Termination by Me
I may terminate this Agreement if:
You fail to pay amounts owed within 7 days of the due date
You breach these Terms and fail to cure within 7 days of notice
You become insolvent or file for bankruptcy
You engage in abusive, threatening, or inappropriate behavior
13.3 Effect of Termination
Upon termination:
All amounts owed become immediately due
You receive all work completed to date (if paid in full)
Confidentiality and indemnification obligations survive
FORCE MAJEURE
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including but not limited to:
Natural disasters
War, terrorism, or civil unrest
Government actions or regulations
Internet or infrastructure failures
Pandemic or public health emergencies
Apple's actions affecting iOS development or distribution
If a force majeure event continues for more than 30 days, either party may terminate the Agreement.
DISPUTE RESOLUTION
15.1 Informal Resolution
Before initiating any formal dispute resolution, both parties agree to attempt to resolve disputes informally by contacting each other directly. You may contact me at gerritrose@gmail.com.
15.2 Governing Law
This Agreement shall be governed by the laws of the State of North Carolina, United States, without regard to conflict of law principles.
15.3 Arbitration
Any disputes that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
15.4 Class Action Waiver
You agree to resolve disputes with me on an individual basis and waive any right to participate in class actions.
15.5 Small Claims
Notwithstanding the above, either party may bring an action in small claims court if the claim qualifies.
GENERAL PROVISIONS
16.1 Entire Agreement
These Terms, together with any project-specific agreements, constitute the entire agreement between the parties and supersede all prior agreements and understandings.
16.2 Amendments
I may modify these Terms at any time. Modified Terms become effective upon posting to the Site. Your continued use of the Services after modifications constitutes acceptance.
16.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.4 Waiver
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
16.5 Assignment
You may not assign your rights under these Terms without my written consent. I may assign my rights and obligations without restriction.
16.6 Independent Contractor
I am an independent contractor, not an employee, partner, or agent of you. Nothing in these Terms creates an employment, partnership, or agency relationship.
16.7 Notices
Notices under these Terms shall be sent to:
To me: gerritrose@gmail.com
To you: The email address you provide during engagement
Notices are effective upon receipt.
16.8 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
CONTACT INFORMATION