1. Introduction and Acceptance

Welcome to DevolApp (“we,” “our,” or “us”), a mobile application development service provider based in Cambodia. These Terms and Conditions (“Terms”) constitute a legally binding agreement between DevolApp, operating through the website www.devolapp.com, and you, the user or client (“you,” “your,” or “Client”).

By accessing our website, submitting project inquiries, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after such modifications constitutes your acceptance of the revised Terms.

1.1 Definitions

For the purpose of these Terms, the following definitions apply:

• “Services” refers to mobile application development, design, testing, deployment, and related services provided by DevolApp.
• “Deliverables” means all products, applications, code, designs, and other materials developed by DevolApp for the Client.
• “Project” refers to the specific mobile application development work agreed upon between DevolApp and the Client.
• “Intellectual Property” includes but is not limited to copyrights, patents, trademarks, trade secrets, designs, code, and know-how.
• “Confidential Information” means non-public information disclosed by either party in connection with the Services.

2. Service Description

2.1 Scope of Services

DevolApp provides professional mobile application development services, which may include:

• Mobile application design and development
• User interface (UI) and user experience (UX) design
• Application testing and quality assurance
• Application deployment to app stores
• Post-launch support and maintenance
• Consultation on mobile application strategy

The specific Services to be provided will be detailed in a separate Statement of Work (SOW) or Project Agreement, which will form part of these Terms.

2.2 Service Delivery Process

Our standard service delivery process includes:

1. Requirements Gathering: We collect and document your requirements for the Project.
2. Design Phase: We create wireframes and design mockups for your approval.
3. Development Phase: We develop the application according to approved designs and specifications.
4. Testing Phase: We conduct thorough testing to ensure quality and functionality.
5. Deployment Phase: We assist with deploying the application to relevant app stores.
6. Support Phase: We provide agreed-upon post-launch support and maintenance.

2.3 Service Modifications

DevolApp reserves the right to modify, suspend, or discontinue any aspect of our Services at any time. For ongoing Projects, we will provide reasonable notice of any material changes that may affect the delivery of your Project.

Changes to Project requirements requested by the Client after the approval of the SOW may result in additional costs and timeline adjustments, which will be documented in a Change Order signed by both parties.

2.4 Service Limitations

DevolApp does not guarantee:

• Approval of applications by app stores (e.g., Apple App Store, Google Play Store)
• Specific levels of application performance on all devices or operating systems
• Compatibility with future operating system updates unless specifically contracted
• Commercial success or user adoption of the application
• Continuous operation without interruption or error

3. User Obligations and Account Management

3.1 Registration and Account Security

If you create an account on our website, you are responsible for:

1. Providing accurate and complete information
2. Maintaining the confidentiality of your account credentials
3. Restricting access to your account
4. Promptly notifying DevolApp of any unauthorized access or security breaches
5. All activities that occur under your account

3.2 Client Responsibilities

As a Client, you agree to:

1. Provide timely and accurate information necessary for the Project
2. Review and provide feedback on deliverables within agreed timeframes
3. Designate a primary contact person with authority to make decisions
4. Obtain all necessary rights, permissions, and licenses for materials provided to DevolApp
5. Comply with all applicable laws and regulations
6. Make payments according to the agreed schedule

3.3 Prohibited Activities

You agree not to:

1. Use our Services for any illegal purpose or in violation of any local, state, national, or international law
2. Harass, abuse, or harm another person through our Services
3. Impersonate another user or person
4. Use our Services in any manner that could disable, overburden, damage, or impair the site
5. Use any robot, spider, or other automatic device to access our Services
6. Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful material
7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt our Services, servers, or networks
8. Make any unauthorized use of our Services, including collecting usernames and/or email addresses by electronic or other means
9. Use our Services to advertise or offer to sell goods and services

3.4 User Content

If you provide any content to DevolApp, including feedback, suggestions, or materials for incorporation into the Project (“User Content”), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute such User Content for the purpose of providing our Services.

You represent and warrant that you own or have the necessary rights to the User Content and that it does not infringe any third-party rights.

4. Payment Terms

4.1 Pricing Structure

Our pricing is based on the scope and complexity of each Project, as detailed in the SOW or Project Agreement. Pricing may be structured as:

• Fixed price for the entire Project
• Time and materials basis (hourly or daily rates)
• Milestone-based payments
• Retainer arrangements for ongoing services

All prices are quoted in US Dollars unless otherwise specified.

4.2 Payment Schedule

Unless otherwise agreed in writing, our standard payment schedule is:

1. 50% of the total Project fee due upon signing the SOW or Project Agreement
2. 30% due upon completion of the design phase and  upon completion of the development phase
3. 20% due upon Project completion and delivery

For time and materials or retainer arrangements, invoices will be issued monthly or as specified in the SOW.

4.3 Payment Methods

We accept payments via:

• Bank transfer to local Bank in Cambodia (ABA Bank, Acleda Bank, Sathapana Bank or SWIFT Transfers.
• Major credit cards
• Other methods as specified in the SOW

4.4 Invoicing

Invoices will be sent electronically to the email address provided by the Client. Payment is due within 15 calendar days from the invoice date unless otherwise specified.

4.5 Late Payments

For payments not received by the due date:

1. DevolApp reserves the right to suspend work on the Project until payment is received
2. Client shall be responsible for all costs incurred by DevolApp in collecting overdue amounts, including reasonable attorney fees

5. Intellectual Property Rights

5.1 Ownership of Deliverables

Unless otherwise agreed in writing:

1. Upon full payment of all fees, DevolApp assigns to the Client all rights, title, and interest in the custom code and design elements created specifically for the Client’s Project.
2. DevolApp retains ownership of all pre-existing code, libraries, frameworks, and tools used in the development process.
3. DevolApp retains the right to use general programming techniques, algorithms, methods, and processes developed during the Project.

5.2 License Grants

5.2.1 License to Client

DevolApp grants the Client a non-exclusive, perpetual license to use any pre-existing code, libraries, frameworks, and tools owned by DevolApp that are incorporated into the Deliverables, solely for the purpose of using and maintaining the Deliverables.

5.2.2 License to DevolApp

The Client grants DevolApp a non-exclusive, perpetual license to:

1. Use the Client’s name and logo for marketing purposes, including portfolio displays and case studies
2. Describe the general nature of the Services provided to the Client
3. Use non-confidential aspects of the Project for demonstration purposes

The Client may revoke this license by submitting a written request to DevolApp.

5.3 Third-Party Materials

The Deliverables may incorporate third-party materials, including open-source software, stock images, or licensed components. Such materials are subject to their respective licenses and terms, which the Client agrees to comply with.

DevolApp will inform the Client of any third-party materials with significant licensing implications.

5.4 IP Indemnification

5.4.1 By DevolApp

DevolApp will defend, indemnify, and hold harmless the Client from and against any claims that the Deliverables infringe any third-party intellectual property rights, provided that:

1. The Client promptly notifies DevolApp of such claim
2. The Client provides reasonable cooperation in the defense of such claim
3. DevolApp has sole control over the defense and settlement of such claim

5.4.2 By Client

The Client will defend, indemnify, and hold harmless DevolApp from and against any claims arising from:

1. Client-provided materials that infringe any third-party intellectual property rights
2. The Client’s use of the Deliverables in a manner not permitted by these Terms
3. Modifications to the Deliverables made by anyone other than DevolApp

5.5 IP Registration

In accordance with Cambodia’s IP laws, which operate on a first-to-file basis, the Client is responsible for registering any intellectual property rights associated with the Deliverables with the relevant authorities in Cambodia and other jurisdictions.

6. Confidentiality

6.1 Confidential Information

Each party may disclose to the other certain Confidential Information. Confidential Information means any information disclosed by one party to the other that is marked as confidential or would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

6.2 Protection Obligations

Each party agrees to:

1. Maintain the confidentiality of the other party’s Confidential Information
2. Use such Confidential Information only for the purpose of performing obligations under these Terms
3. Restrict access to Confidential Information to employees, contractors, and agents who need to know such information and who are bound by confidentiality obligations at least as restrictive as those contained herein
4. Return or destroy all Confidential Information upon the termination of the Services or upon request

6.3 Exclusions

The confidentiality obligations do not apply to information that:

1. Is or becomes publicly available through no fault of the receiving party
2. Was known to the receiving party prior to disclosure
3. Was independently developed by the receiving party without use of the Confidential Information
4. Is rightfully obtained from a third party without restriction
5. Is required to be disclosed by law or court order, provided that the receiving party gives the disclosing party prompt notice to allow the disclosing party to seek a protective order

6.4 Duration of Obligations

The confidentiality obligations will survive the termination of these Terms for a period of three (3) years, except for trade secrets, which shall be maintained in confidence for as long as they remain trade secrets under applicable law.

7. Warranties and Disclaimers

7.1 DevolApp Warranties

DevolApp warrants that:

1. The Services will be performed in a professional and workmanlike manner
2. The Services will substantially conform to the specifications set forth in the SOW
3. The Deliverables will be free from material defects for a period of 30 days from delivery
4. DevolApp has the right to enter into these Terms and to perform the Services

7.2 Remedy for Breach of Warranty

If the Services do not conform to the warranties above, DevolApp will, at its option and as the Client’s sole remedy, either:

1. Re-perform the non-conforming Services at no additional charge, or
2. Refund the fees paid for the non-conforming Services

This remedy is subject to the Client providing written notice of the non-conformity within the 30-day warranty period.

7.3 Client Warranties

The Client warrants that:

1. It has the right to enter into these Terms
2. It has the right to provide any materials furnished to DevolApp
3. It will use the Deliverables in compliance with all applicable laws and regulations

7.4 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DEVOLAPP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DEVOLAPP DOES NOT WARRANT THAT THE DELIVERABLES WILL MEET THE CLIENT’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY OTHER SOFTWARE OR SYSTEMS, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE.

7.5 Third-Party Services

DevolApp may recommend or integrate third-party services, such as hosting providers, payment processors, or analytics tools. Such third-party services are subject to their own terms and conditions, and DevolApp makes no warranties regarding such services.

8. Term and Termination

8.1 Term

These Terms commence on the date you first access our Services or agree to these Terms, whichever is earlier, and continue until terminated as provided herein.

8.2 Termination by Client

The Client may terminate these Terms or any SOW:

1. For convenience upon 30 days’ written notice to DevolApp
2. Immediately upon written notice if DevolApp materially breaches these Terms and fails to cure such breach within 30 days after receiving written notice of the breach

8.3 Termination by DevolApp

DevolApp may terminate these Terms or any SOW:

1. For convenience upon 30 days’ written notice to the Client
2. Immediately upon written notice if the Client materially breaches these Terms, including failure to pay any fees when due, and fails to cure such breach within 15 days after receiving written notice of the breach
3. Immediately if the Client becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings

8.4 Effect of Termination

Upon termination of these Terms:

1. All licenses granted to DevolApp by the Client will terminate, except as otherwise provided in these Terms
2. All licenses granted to the Client by DevolApp will terminate, except for licenses that were granted on a perpetual basis upon full payment
3. Each party will return or destroy all Confidential Information of the other party
4. The Client will pay DevolApp for all Services performed up to the date of termination
5. If the Client terminates for convenience, the Client will also pay DevolApp for any non-cancelable expenses incurred prior to termination

8.5 Survival

The following sections will survive termination of these Terms: Intellectual Property Rights, Confidentiality, Warranties and Disclaimers, Limitation of Liability, Dispute Resolution, and any other provision that, by its nature, should survive termination.

9. Contact Information

If you have any questions about these Terms, please contact us at:

DevolApp

• Email: contact@devolapp.com
• Phone: (+855) 15 996 296
• Address: Phum Wat Bo, Sala Kamreuork, Siem Reap, Cambodia.
• Website: www.devolapp.com

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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Last Updated: March 22, 2025