simplifyyourapp
Terms of Service
Effective date: 3 July 2026 | Version 3.0
This is the reference version of the Simplify Your App Terms of Service. A signable copy is provided alongside the Service Agreement at the time of engagement. The terms on this page are the version in force for all current and future engagements unless updated in accordance with section 12.
1. ABOUT THESE TERMS
These Terms of Service govern all engagements between Simplify Your App (referred to in these terms as 'we', 'us', or 'SYA') and any individual or business that engages our services (referred to as 'you' or 'the Client').
By signing a Scoping Session Agreement or an App Architecture Document, or by paying any invoice issued by SYA, you confirm that you have read, understood, and agreed to these Terms of Service.
These Terms apply to all SYA services including Scoping Sessions, V1 builds, beta and refinement periods, and ongoing support engagements.
Simplify Your App is operated by Kathleen Milner T/A Simplify Your App, ABN 76 876 930 807, based in South Australia, Australia.
2. DEFINITIONS
The following terms have specific meanings throughout this document and all related SYA agreements.
App Architecture Document
The signed scope document that defines the agreed features, user journey, technical requirements, and timeline for a V1 build.
Beta Period
The first 14 calendar days following V1 delivery, during which real users test the app and feedback is collected.
Build Brief
The internal SYA working document used to execute the build. This document is not provided to the Client.
Deliverable
The completed V1 PWA as defined in the App Architecture Document.
Engagement
Any paid service provided by SYA including Scoping Sessions, V1 builds, and ongoing support.
Progressive Web App (PWA)
A web-based application accessible via a browser and installable on a device without an app store. The standard delivery format for all SYA builds.
Refinement Period
Days 15 to 30 following V1 delivery, during which beta feedback is actioned and the build is finalised.
Scoping Session
The paid 60-minute consultation that results in the App Architecture Document.
V1
The first complete version of the app, built to the agreed App Architecture Document.
V2 / Beyond
Any feature, functionality, or change outside the agreed V1 scope. Quoted and agreed separately.
3. OUR SERVICES
What we provide
• Scoping Sessions: a 60-minute consultation and written App Architecture Document
• V1 builds: a complete PWA built to the agreed App Architecture Document
• Beta and refinement support: 30 calendar days of feedback and iteration included in the V1 build investment
• Ongoing support: optional pay-per-update support after V1 sign-off
• Brand design referrals: where required, connection to a qualified brand designer as a separate engagement
Right to decline
SYA reserves the right to decline any engagement at our discretion, including but not limited to engagements that conflict with our values, exceed our current capacity, or involve subject matter we consider inappropriate. Where an enquiry does not proceed, any fees paid will be handled in accordance with the relevant agreement.
Service limitations
SYA builds Progressive Web Apps. We do not build native iOS or Android applications (submitted to app stores). We offer ongoing hosting services for A$2.97 per month. If the Client chooses to host their app on their own platform, all hosting charges and any future updates are the responsibility of the Client. SYA does not offer graphic design, content writing, or digital marketing as standard services.
4. PAYMENT TERMS
Scoping session
The scoping session fee of $197.00 AUD (inc. GST) is payable in full at time of booking. The session is confirmed once payment is received. This fee is non-refundable and transferable for 12 months in accordance with the Scoping Session Agreement.
V1 build
The V1 build investment, as set out in the Client\'s App Architecture Document, is structured as a 50% deposit due to commence the build and a 50% balance due on completion and sign-off. Where a Client requests an extended payment plan of three or more instalments, a 15% administrative fee applies to the total investment. The build schedule is confirmed once the deposit is received. Work does not commence until the deposit is cleared.
Ongoing support
Pay-per-update fees are invoiced upon submission of the update request. Payment is due within 7 days of invoice date. Work does not commence until payment is cleared.
Overdue payments
Invoices overdue by more than 14 days may result in suspension of all active work until the outstanding balance is cleared. SYA reserves the right to charge interest on overdue amounts at a rate of 2% per month from the due date.
GST
All prices quoted by SYA are inclusive of GST where applicable. SYA will issue a valid tax invoice for all payments received.
Currency
Fees are quoted and invoiced in Australian dollars (AUD) for Australian and New Zealand clients and US dollars (USD) for all other international clients. The applicable currency will be confirmed in the relevant App Architecture Document. Stripe processes all payments and converts currencies automatically. International clients are responsible for any bank fees incurred on their end.
5. INTELLECTUAL PROPERTY
Ownership of the delivered app
Upon receipt of full payment for the V1 build, ownership of the completed PWA code as delivered transfers to the Client. You own your app. Where the app integrates with third-party services (such as payment processors, booking systems, or APIs), those integrations depend on accounts, credentials, and agreements held by the Client with those third parties. SYA is not responsible for the availability, cost, or continued access to third-party services, and the Client is responsible for maintaining any accounts, subscriptions, or API access required for the app to function.
SYA methodology and tooling
The processes, frameworks, build methodology, internal documentation (including the Build Brief), and tooling used by SYA to deliver the app remain the intellectual property of SYA at all times. Ownership of the delivered code does not include ownership of or licence to SYA's internal processes or methodology.
App Architecture Document
The App Architecture Document is the intellectual property of SYA and is licensed to the Client exclusively for use within a SYA build engagement. If the Client does not proceed to a V1 build, this licence is not activated and the document may not be used as a build brief with any third party. If SYA becomes aware that the App Architecture Document has been used to brief or instruct a third-party developer, SYA reserves the right to invoice the Client for the full V1 build fee as liquidated damages, representing the value of the scoping and architectural work delivered.
Client-supplied content
Any content, branding, copy, images, or data supplied by the Client remains the intellectual property of the Client. By supplying content to SYA, you confirm that you have the right to use it and grant SYA a licence to incorporate it into the build.
Portfolio and case study use
SYA reserves the right to reference completed builds in our portfolio and case study materials, including the app name, category, and general description, unless the Client requests otherwise in writing prior to project commencement.
6. WARRANTIES AND LIABILITY
What we warrant
SYA warrants that the V1 deliverable will function in accordance with the agreed App Architecture Document as at the date of V1 sign-off. SYA will address any functionality that does not meet this standard when reported within the 30-day beta and refinement window.
What we do not warrant
• That the app will be error-free in perpetuity after V1 sign-off
• That the app will remain compatible with all future browser or operating system updates
• That third-party integrations will continue to function if the third-party platform changes its API or terms
• That the app will achieve any specific business outcome, revenue target, or user adoption rate
• That any third-party hosting platform will remain available or free of charge
Limitation of liability
To the maximum extent permitted by Australian law, SYA's total liability to the Client for any claim arising from or related to an engagement is limited to the total fees paid by the Client for that specific engagement.
SYA is not liable for any indirect, consequential, or special loss including but not limited to loss of revenue, loss of data, loss of business opportunity, or reputational damage.
Australian Consumer Law
Nothing in these Terms limits any rights you may have under the Australian Consumer Law. Where the Australian Consumer Law applies mandatory consumer guarantees, those guarantees apply in addition to these Terms and cannot be excluded.
7. CONFIDENTIALITY
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of an engagement, including but not limited to business processes, client data, pricing, and internal documentation.
SYA will not share your app idea, business process details, or the contents of your App Architecture Document with any third party without your written consent, except where required by law.
Confidentiality obligations survive the termination of any engagement for a period of two years.
8. CANCELLATION AND ABANDONMENT
Cancellation by the Client before build commencement
If the Client cancels after signing the App Architecture Document but before build commencement, the deposit is forfeited. If the build investment has been paid in full upfront, a cancellation fee of 25% of the build investment applies and the remainder is refunded within 14 days.
Cancellation by the Client during the build
If the Client cancels after build commencement, payment for work completed to that date is retained by SYA. SYA will provide a written summary of work completed and any partial deliverables available at that stage.
Abandonment
If the Client becomes unresponsive for 30 or more consecutive calendar days during an active engagement, SYA reserves the right to treat the engagement as abandoned. In this case, all fees paid are forfeited and the engagement is closed. SYA will make reasonable attempts to contact the Client before exercising this right.
Cancellation by SYA
SYA reserves the right to cancel an engagement at any time if the Client is in breach of these Terms, if the project scope proves technically unfeasible as presented, or in circumstances beyond our reasonable control. In this case, a pro-rata refund of unused fees will be provided within 14 days.
9. SCOPE AND CHANGE MANAGEMENT
The App Architecture Document defines the agreed scope for a V1 build. Both parties sign this document before build commencement. Changes to scope are managed as follows:
• Minor changes (wording, copy, colours) during the beta and refinement period are included
• Functional changes that alter the user journey or add new features are V2, quoted and agreed separately in writing
• Any agreed scope change during the build will be documented in a written amendment signed by both parties
• SYA is not obligated to action any change request that has not been agreed in writing
The 30-day beta and refinement period is the agreed container for all V1 feedback. Anything submitted after V1 sign-off is a new engagement.
10. DATA AND PRIVACY
SYA collects and holds only the information necessary to deliver agreed services. This includes contact details, business information, and project-related content supplied by the Client.
SYA does not sell or share Client data with third parties for marketing purposes.
Where SYA provides managed hosting, SYA retains only the operational access required to maintain the hosting environment and deliver agreed update work. SYA does not collect, store, or access end-user data generated by Client apps beyond what is incidentally required to operate the hosting infrastructure. Where the Client has transferred the app to their own hosting platform, SYA retains no ongoing access to the app or its data.
SYA handles all personal information in accordance with the Australian Privacy Act 1988 and the Australian Privacy Principles. A full Privacy Policy is available at https://simplifyyourapp.com.
11. DISPUTE RESOLUTION
If a dispute arises, both parties agree to attempt resolution in good faith before pursuing formal action.
Step 1: Direct resolution
The party raising the dispute notifies the other in writing, describing the issue clearly. Both parties have 14 days to respond and attempt resolution.
Step 2: Mediation
If direct resolution is unsuccessful, either party may refer the dispute to a mutually agreed mediator. Mediation costs are shared equally unless otherwise agreed.
Step 3: Legal proceedings
If mediation is unsuccessful or declined, either party may pursue formal legal proceedings.
Governing law
These Terms are governed by the laws of South Australia, Australia. Any legal proceedings will be subject to the jurisdiction of the courts of South Australia.
For international clients: these Terms are governed by South Australian law as a default. Clients outside Australia should seek independent legal advice regarding the enforceability of these Terms in their jurisdiction before entering into an engagement.
12. GENERAL
Entire agreement
These Terms, together with the relevant Scoping Session Agreement and App Architecture Document, constitute the entire agreement between the parties for a given engagement and supersede all prior discussions, representations, or agreements.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
Waiver
A failure by either party to enforce any right under these Terms does not constitute a waiver of that right.
Updates to these Terms
SYA may update these Terms from time to time. The current version will always be available at https://simplifyyourapp.com. For engagements already in progress, the Terms in place at the time the engagement commenced apply unless both parties agree in writing to the updated Terms.
Contact
Questions about these Terms can be directed to [email protected].