Website: https://prodiusenterprise.com
Contact: cristian@prodiusenterprise.com
These Terms of Service (the "Terms") govern your access to and use of the Prodius Enterprise website, preview request process, managed ecommerce app implementation services, app publishing support, maintenance, and related services (the "Services"). By using the Services, requesting a preview, or entering into a statement of work with Prodius Enterprise ("Prodius," "we," "us," or "our"), you agree to these Terms.
1. Services
Prodius helps ecommerce businesses turn an existing website or storefront into native iOS and Android app experiences powered by the client's current ecommerce site, catalog, checkout, and backend systems. Services may include discovery, a free app preview, interface planning, native app implementation, push notification setup, analytics setup, app-store submission support, maintenance, and support.
Specific deliverables, timelines, fees, and responsibilities may be described in a proposal, order form, invoice, or statement of work. If a signed agreement conflicts with these Terms, the signed agreement controls for that conflict.
2. Preview Requests and Meetings
Free app previews are exploratory. They are intended to show how an ecommerce site could translate into an app experience and do not guarantee final scope, app-store approval, availability of specific integrations, or exact production output. You are responsible for providing accurate website, email, business, and scheduling information.
3. Client Responsibilities
You are responsible for your ecommerce website, product data, customer data, policies, checkout, payment providers, fulfillment operations, platform accounts, app-store accounts, permissions, brand assets, and legal compliance. You must provide timely access, feedback, approvals, credentials, content, and technical information needed to perform the Services.
You represent that you have the right to provide any content, data, trademarks, credentials, and materials you make available to Prodius.
4. Fees, Billing, and Taxes
Fees are stated in the applicable proposal, invoice, or subscription plan. Unless a signed agreement says otherwise, setup fees are due before implementation work begins and recurring fees are billed monthly in advance. You are responsible for applicable taxes, payment processor fees, app-store developer account fees, platform fees, and third-party service fees.
Late or failed payments may result in paused work, delayed delivery, or suspension of support.
5. App Stores and Third-Party Platforms
Apple, Google, ecommerce platforms, payment processors, analytics providers, email providers, push notification providers, hosting providers, and other third-party services are not controlled by Prodius. Their rules, review decisions, outages, fees, and policy changes may affect timelines or functionality.
Prodius can assist with app-store submission, but we do not guarantee approval, ranking, review timing, or continued availability in any app store.
6. Acceptable Use
You may not use the Services for unlawful, misleading, infringing, harmful, abusive, or security-compromising activity. You may not request or require Prodius to bypass platform rules, collect data without proper notice or consent, violate app-store policies, misuse push notifications, or interfere with the security or operation of any system.
7. Intellectual Property
You retain ownership of your brand assets, ecommerce content, product data, customer data, and materials you provide. Prodius retains ownership of its pre-existing tools, templates, methods, know-how, reusable code, workflows, and internal systems.
Subject to payment of all undisputed fees, you receive the rights described in the applicable proposal or statement of work for the final app deliverables created specifically for you. No rights are granted except as expressly stated.
8. Confidentiality
Each party may receive non-public business, technical, customer, operational, or financial information from the other party. The receiving party will use reasonable care to protect confidential information and will use it only to perform or receive the Services, unless disclosure is required by law or authorized in writing.
9. Privacy and Data
Our Privacy Policy explains how we collect and use information through the website, preview form, scheduling flow, and Services. If Prodius processes personal data on your behalf as a processor or service provider, the Data Processing Addendum may apply.
10. Disclaimers
The Services are provided on an "as is" and "as available" basis. Prodius does not guarantee uninterrupted operation, specific revenue results, app-store approval, compatibility with every plugin or ecommerce customization, or that every website feature can be replicated in a native app.
To the maximum extent permitted by law, Prodius disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
To the maximum extent permitted by law, Prodius will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or loss of goodwill.
Unless a signed agreement says otherwise, Prodius's total liability for any claim relating to the Services is limited to the amounts paid by you to Prodius for the Services giving rise to the claim during the three months before the event giving rise to liability.
12. Termination
Either party may stop using or providing the Services as described in the applicable agreement. Prodius may suspend or terminate Services for non-payment, security risk, unlawful use, platform policy violations, or material breach. Sections that by their nature should survive termination will survive.
13. Changes
We may update these Terms from time to time. The updated version will be posted on this page with a revised effective date. Continued use of the Services after changes become effective means you accept the updated Terms.
14. Contact
Questions about these Terms may be sent to cristian@prodiusenterprise.com.