MOBILE APP Terms and Conditions | Keepgo

Terms and Conditions (Mobile Application development services)

Our mobile application development services, which are available online, through any mobile device, or by email, are subject to these terms and conditions. These terms and conditions may be amended from time to time. By placing an order for our mobile application development services, you acknowledge that you have read, understood, and agreed to comply with these terms and conditions.

This mobile application development agreement shall be deemed effective between the following parties:

  1. Keepgo USA Inc - hereinafter referred to as “Keepgo”;
  2. Partner Company -  hereinafter referred to as “Partner”. 

1. Purpose

The Partner has requested the development of a mobile application in accordance with the standards set forth in this agreement. Keepgo is engaged in the making of such applications and holds all the necessary tools to deliver the needed results of this agreement. 

2. Scope of Work

Keepgo shall design, develop, test, and deliver the Application to the Partner. The Application shall meet the specifications and requirements agreed upon by the parties and contained within the project proposal ("White label Mobile Applications"). 

The comprehensive scope of work is provided in a separate document by Keepgo.

3. Payment Schedule

After the Partner has signed the project proposal "White label Mobile Applications", Keepgo shall provide the Payment Schedule document to the Partner for consideration.

The Payment Schedule shall include the total price for the entire project as well as a detailed cost breakdown for each block of work involved in the project. Upon Partner's acceptance of the Payment Schedule, both parties shall be bound by the agreed-upon payment terms and schedule for the project.

Payment shall be made by Partner in accordance with the Payment Schedule, with specific due dates set forth in the schedule. Any delays caused by Partner in making the payments according to the agreed-upon schedule may result in corresponding delays in the project's progress.

The Payment Schedule shall be deemed an integral part of the overall agreement between Partner and Keepgo regarding the "White label Mobile Applications" project and shall be subject to the terms and conditions set forth in this agreement.

4. Process

Our estimated time period for successfully creating the app is typically 8–12 weeks. 

However, it's important to note that this estimate does not account for any delays caused by Partner approvals, payments, or other Partner activities.
Keepgo shall provide regular updates to the Partner regarding the status of the Application's development. Throughout our entire process, Keepgo will stay in touch with the Partner and ensure the Partner is updated on the timeline and progress of its new mobile app.

Our process is as follows:

4.1. Proposing The App and Payment Schedule

Keepgo shall provide the Partner with a comprehensive overview of our services, pricing, cost breakdown, and project timeline as described in the project proposal titled 'White Label Mobile Applications' and the accompanying Payment Schedule and Scope of Work documents. The project proposal, Payment Schedule, and Scope of Work documents shall serve as the basis for the services to be rendered by Keepgo and will be considered an integral part of any agreement between the parties.

In accordance with the Payment Schedule document, Partner shall make the first payment to initiate the process of Scope of Work confirmation.

4.2. Scope of Work confirmation

During this stage, the Partner shall collaborate with Personal Manager and Keepgo product team to tailor the Scope of Work document to align with their specific requirements.

The agreed-upon price for mobile app development, as stated in the project proposal, shall remain unaltered unless the Partner's requirements substantially deviate from the services detailed by Keepgo in the Scope of Work, and an equivalent amount of developers' working hours is necessary to fulfil the modified scope. Minor variations in the scope that do not significantly impact the project's complexity or resource allocation shall not warrant any adjustments to the mutually agreed-upon pricing.

Any customization and maintenance services requested by the Partner beyond the scope of the initial agreement shall be subject to an additional fee of 50 USD per hour. The Partner shall be notified in advance of the estimated number of hours required for the requested services, and explicit consent shall be obtained from the Partner before commencing any billable customization or maintenance work at the stated rate.

4.3. Approving The First Mock-up

Once the Scope of Work is approved and the second invoice is paid, Keepgo will begin the process of coding the app. 

Keepgo does this by starting with a wireframe design and filling in with details to give it a more comprehensive, more thought-out approach.

Keepgo will carry out a thorough research of references and the industry the Partner focuses on so an app that will fit the Partner’s needs is produced. 

During this stage, the Partner is entitled to request visual corrections, limited to aspects such as colors, fonts, and specific background images. However, it is important to note that significant structural changes will be considered separate from this stage and will require additional quotation and payment. For a comprehensive understanding, kindly refer to the Scope of Work document provided by Keepgo.

4.4. Front-End Technology

Keepgo builds the front-end technology of the app. These will be the UI/UX elements that the end user would see and interact with. 

4.5. Back-End Technology

Keepgo builds the back-end technology of the app. This includes any specific integrations tied to the needs of your app, such as payment software or mapping technology. This step brings the app together and gets all the links up and running.

4.6. Testing

Before the app can be rolled out to customers, Keepgo conducts a round of testing. This is usually in coordination with the Partner to ensure that the app covers all the requirements before its launch. Any changes at this stage, however, would be minimal and only as needed, as massive changes would drastically increase the timeframe of the project.

4.7. App Launch

Once all changes necessary have been completed, Keepgo will assist the Partner with rolling out the app to the Google Play Store and Apple Store and ensure it’s paired with a good description and title so that potential customers can easily find it.

Keepgo will conduct meetings with the Partners to regularly review and establish the project’s status.

Keepgo agrees to provide all project files, source code, user guides, and application credentials to the Partner upon completion of this mobile application development agreement. The delivery of these materials shall occur promptly after the Partner fulfils their payment obligations outlined in this agreement, specifically after payment of the third invoice.

5. Compensation

Parties have mutually agreed upon the fairness and appropriateness of the specified payments in exchange for the services rendered. Keepgo will issue invoices to the Partner for all services rendered under this Agreement. The Partner is obliged to make payment within a period of five days upon receipt of the invoice.

If the Partner has made a partial payment in accordance with the Payment Schedule document, it is acknowledged that such payment is non-refundable. The Parties understand and agree that the partial payment signifies the Partner's commitment and acknowledgment of their interest in the services outlined in this Agreement.

The Partner holds the right to decide not to make the subsequent payments as per the Payment Schedule. In such an event, the Agreement shall be considered terminated. Both Parties shall be released from their obligations under this Agreement, and neither Party shall have any claims, rights, or liabilities against the other arising from the termination of the Agreement. 

6. Term

This mobile application development agreement shall become effective as of the agreement date and will continue until all services are completed and approved by the Partner or termination is requested by either party.

7. Termination

This mobile application development agreement may be terminated by either party for the following reasons:

  • In the instance of a material breach of any terms and conditions contained within this agreement.
  • In the instance, either party receives a conviction of a crime or files for bankruptcy during the agreement terms.
  • If the Partner decides not to make the subsequent payments as per the Payment Schedule.

8.Keepgo Responsibilities

Keepgo shall create the mobile application as described by all the details included in this mobile application development agreement.

Keepgo shall test and ensure the application functions appropriately and reliably prior to final delivery to the Partner.

Upon completion of the mobile application’s development, Keepgo shall assist the Partner in installation, as well as assist the Partner in submitting the application to the Google Play Store and Apple Store.

Upon completion of all services, Keepgo shall turn over any and all code and databases related to the mobile application development agreement to the Partner without delay.

9. Partner's Responsibilities

The Partner shall engage with Keepgo on the agreed weekly dates to conduct check-in reports.

The Partner shall provide all needed support and assistance as needed by Keepgo for the completion of this mobile application development agreement.

The Partner agrees to provide all the necessary information and services needed to Keepgo.
After accepting the delivery of the mobile application, the Partner will be required to provide a video or other references for the service if requested by Keepgo.

10. Support Period

Keepgo agrees to provide the Partner with continued support for the mobile application for a period of 30 days from the delivery of the application. 

The support provided shall be inclusive of any repairs needed for bugs, glitches, and issues related to the software. This support shall be included in the overall price and may not be billed separately.
Support after 30 days period will be billed separately. The cost of support is 50 USD per hour.

11. Confidentiality

Keepgo agrees both during and for a period of 30 days from the completion or termination of this agreement to hold all materials at a level of the highest confidence.

This is inclusive but not limited to any technical data, trade secrets, know-how, software, designs, drawings, engineering, formulas, or technology.

12. Warranties

Each party shall have full authority to perform any and all deliverables contained in this mobile application development agreement.

This agreement is legally binding and enforceable as such.

Keepgo retains the right to dictate all methods and manners by which the services included in this agreement are performed.

Keepgo retains the right to use the source code for other projects.

The services performed shall be done in a legally acceptable manner and shall not violate any local or federal laws or regulations.

13. Return of Property

Within three (3) days of the completion or termination of this mobile application development agreement, Keepgo agrees to return any and all Samples, Products, Software, Models, and Documents pertaining to this agreement to the Partner. 

Keepgo warrants that the use of the mobile applications being developed will not infringe on any trademarks, copyrights, patents, or any other third-party rights.

In the instance Keepgo becomes aware of the above taking place, Keepgo will be responsible for notifying the Partner, as well as seeking the needed permissions.

The Partner acknowledges any and all text, photos, trademarks, designs, or other artwork given to the Keepgo is the Keepgo’s rightful property, and has the appropriate permissions to use products as such.

14. Amendments

No amendments or modifications of this agreement shall be permitted without prior written 

consent between the parties.

15. Force Majeure

If any delay occurs due to force majeure or an act of God, such as fire, explosion, flood, or events beyond the control of either party, such as riot, war, or terrorism, neither party will be considered in default nor breach of contract. If such events occur, the affected party is required to inform the other party of the situation and provide an estimated resolution date.