Terms of Service

1. Agreement to Terms

By accessing or using the services provided by ingap.dev ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms apply to all visitors, users, and clients who access or use our website and professional development services.

2. Services Description

ingap.dev provides professional software development services including:

• Custom web application development
• Progressive Web Apps (PWA) development
• Cloud infrastructure setup and management
• Business process automation
• Technical consulting and strategy
• White-label development services for agencies
• Dedicated team partnerships

Specific services, deliverables, timelines, and pricing are defined in individual project agreements or statements of work (SOW).

3. Project Engagement Process

3.1 Initial Consultation

All projects begin with an initial consultation to understand requirements, scope, and feasibility. This consultation is provided free of charge and does not create a contractual obligation.

3.2 Proposal and Agreement

After consultation, we provide a detailed proposal including:

• Project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Technical specifications
• Support and maintenance terms

Work begins only after both parties sign a formal agreement or SOW.

4. Payment Terms

4.1 Pricing

Pricing is determined on a project-by-project basis and specified in the signed agreement. We offer:

• Fixed-price projects (for well-defined scopes)
• Time and materials (hourly/daily rates)
• Monthly retainers (for ongoing support)

4.2 Payment Schedule

Unless otherwise specified in the agreement:

• Deposit: 50% upfront payment required before work begins
• Milestone Payments: Defined in project agreement
• Final Payment: Due upon project completion or delivery
• Payment Terms: Net 15 days unless otherwise agreed

4.3 Late Payments

Late payments may incur interest charges of 1.5% per month (18% annually) or the maximum allowed by law. We reserve the right to suspend work on unpaid invoices.

5. Intellectual Property Rights

5.1 Client Ownership

Upon full payment, all custom code and deliverables created specifically for your project transfer to you, unless otherwise specified in the agreement.

5.2 Pre-existing Materials

We retain ownership of:

• Proprietary tools, frameworks, and libraries we created
• Open-source components and third-party libraries
• General methodologies and know-how

You receive a license to use these materials as part of your project.

5.3 Portfolio Rights

Unless confidentiality is specifically required, we may include the project in our portfolio and use it for promotional purposes. We will not disclose sensitive business information.

6. Client Responsibilities

Successful project completion requires your cooperation. You agree to:

• Provide timely feedback and approvals
• Supply necessary content, assets, and access credentials
• Respond to requests for information within agreed timeframes
• Designate a primary point of contact
• Make timely payments according to the agreement
• Provide accurate and complete project requirements

Delays caused by lack of client input may extend project timelines and may incur additional costs.

7. Project Changes and Scope Creep

Changes to the agreed project scope ("scope creep") may affect timeline and cost:

• Minor Adjustments: Small refinements within the original scope are included
• Change Requests: Significant changes require a formal change order with revised timeline and pricing
• Approval Process: Both parties must approve change orders in writing before implementation

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• Services will be performed with professional skill and care
• Deliverables will substantially conform to specifications in the SOW
• We have the right to provide the services and grant necessary licenses
• We will fix bugs and defects within the warranty period (typically 30-90 days post-launch)

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties regarding uptime, performance, or specific results
• Third-party services, APIs, or platforms we integrate with

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the fees paid for the specific project
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for loss of profits, revenue, data, or business opportunities
• We are not liable for issues caused by third-party services, hosting, or infrastructure

Some jurisdictions do not allow limitation of liability for certain damages, so these limitations may not apply to you.

10. Confidentiality

Both parties agree to:

• Keep confidential information disclosed during the engagement confidential
• Use confidential information only for the project purposes
• Not disclose confidential information to third parties without consent
• Return or destroy confidential information upon request

For sensitive projects, a separate Non-Disclosure Agreement (NDA) may be required.

11. Termination

11.1 Termination by Client

You may terminate the project with 15 days written notice. You will be responsible for:

• Payment for all work completed up to termination date
• Payment for committed resources and non-cancellable expenses
• Any cancellation fees specified in the agreement

11.2 Termination by Us

We may terminate immediately if:

• You fail to make payments when due
• You breach material terms of the agreement
• You engage in abusive or harassing behavior
• Continuing the project would violate laws or regulations

11.3 Effect of Termination

Upon termination, we will deliver all completed work and you will make final payment. Provisions regarding confidentiality, intellectual property, and liability survive termination.

12. Support and Maintenance

Post-launch support is available through:

• Warranty Period: Bug fixes and defect corrections (30-90 days)
• Maintenance Agreements: Ongoing updates, monitoring, and support (monthly retainer)
• Ad-hoc Support: Hourly rate for additional work after warranty expires

Support terms are specified in the project agreement or separate maintenance contract.

13. Dispute Resolution

In the event of a dispute:

1. Both parties agree to first attempt resolution through good-faith negotiation
2. If negotiation fails, disputes will be resolved through binding arbitration
3. Arbitration will be conducted in accordance with applicable commercial arbitration rules
4. Each party bears its own legal costs unless the arbitrator decides otherwise

14. Governing Law

These Terms are governed by the laws of the jurisdiction where ingap.dev operates, without regard to conflict of law principles. Any legal action must be brought in the courts of that jurisdiction.

15. Force Majeure

Neither party is liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet/infrastructure failures.

16. Independent Contractor

ingap.dev operates as an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship.

17. Entire Agreement

These Terms, together with any signed project agreement or SOW, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

18. Modifications

We may update these Terms from time to time. Continued use of our services after changes constitutes acceptance. Material changes will be communicated to active clients.

19. Severability

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

20. Contact Information

For questions about these Terms, please contact us: