Terms of Service
1. Agreement to Terms
By accessing or using the services provided by stoicapps.com (“we,” “us,” or “our”), operated by Carson Stonecipher, you (“Client,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use our services.
These Terms constitute a legally binding agreement between you and stoicapps.com. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our services after any changes constitutes acceptance of the revised Terms.
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2. Services Provided
stoicapps.com provides custom mobile application development and ongoing support services for fitness coaches and wellness professionals (“Services”). Our Services include but are not limited to:
- Custom mobile application development
- Application customization and branding
- Ongoing technical support via text and phone
- Application maintenance and updates
- Hosting and backend infrastructure management
- Feature implementation with 24-hour turnaround (for premium support clients)
The specific scope of Services provided to you will be outlined in your service agreement, invoice, or as communicated during your sales and onboarding calls.
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3. Service Tiers and Pricing
3.1 Service Plans
We offer multiple service tiers with varying levels of support and customization capabilities. Pricing and service details are communicated during the sales process and confirmed via invoice.
3.2 Payment Terms
- All Services are billed on a recurring monthly basis
- Payment is due every 28-31 days from your initial payment date
- Invoices will be sent via email prior to each billing cycle
- Payment must be received within the timeframe specified on the invoice to maintain uninterrupted service
- Accepted payment methods include credit card, debit card, and other methods as communicated
3.3 Late Payments
- Failure to pay within the specified timeframe may result in service suspension or termination
- We reserve the right to assess late fees or suspend access to your application and support services until payment is received
- Continued non-payment may result in permanent termination of Services and deletion of application data
3.4 Price Changes
We reserve the right to modify our pricing at any time. Any price changes will be communicated to you at least 30 days prior to your next billing cycle. Continued use of Services after a price change constitutes acceptance of the new pricing.
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4. Refund Policy
All sales are final. Refunds are only provided when explicitly stated in writing by stoicapps.com.
By using our Services, you acknowledge and agree that:
- All payments are non-refundable unless we provide written confirmation of a refund guarantee
- No refunds will be issued for partial months of service
- Subscription fees are non-refundable once charged
- Custom development work is non-refundable once commenced
- You waive any right to dispute charges or request chargebacks except in cases of unauthorized fraudulent transactions
- Service dissatisfaction, change of mind, or failure to use Services does not constitute grounds for a refund
- Technical issues, bugs, or delays do not automatically entitle you to a refund unless we explicitly agree in writing
Chargebacks and Disputes:
- Filing a chargeback or payment dispute without first attempting to resolve the issue with us directly may result in immediate termination of Services and potential legal action to recover costs
- If you initiate a chargeback that is found in our favor, you agree to pay all associated fees, costs, and legal expenses incurred by us
- Any legitimate billing disputes must be raised within 7 days of the charge
In cases where we explicitly offer a refund guarantee (e.g., money-back guarantee during a promotional period), the specific terms of that guarantee will be provided in writing and will supersede this general policy.
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5. Cancellation Policy
5.1 Client-Initiated Cancellation
You may cancel your Services at any time by providing written notice before your next billing cycle. To cancel:
- Submit a cancellation request via email to the contact email provided during onboarding
- Cancellation requests must be received at least 24 hours before your next scheduled billing date
- Upon cancellation, you will retain access to Services through the end of your current paid billing period
- No refunds will be issued for the remainder of any active billing period
5.2 Our Right to Terminate
We reserve the right to suspend or terminate your access to Services at any time, with or without notice, for any reason, including but not limited to:
- Violation of these Terms
- Non-payment or late payment
- Fraudulent or illegal activity
- Abusive behavior toward our staff or support team
- Misuse of the application or services
- Any conduct that we determine, in our sole discretion, to be harmful to our business or other clients
5.3 Effect of Termination
Upon termination or cancellation of Services:
- Your access to support services will be immediately revoked
- Your application may be deactivated or removed from hosting infrastructure
- We reserve the right to delete application data, including but not limited to user data, content, and customizations
- You remain responsible for any outstanding payments owed
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6. Application Ownership and Licensing
6.1 Ownership
Upon full payment for application development services, you own the final customized application created for you. However:
- You own the application and its specific customizations
- We retain ownership of any proprietary tools, frameworks, templates, or base code used in development
- You are granted a perpetual, non-exclusive license to use any proprietary components included in your application
6.2 Management and Support
While you own the application:
- We will manage, host, and maintain the application on your behalf as part of ongoing Services
- You grant us access and authorization to make updates, modifications, and technical changes as necessary to provide Services
- If you cancel Services, you are responsible for migrating, hosting, and maintaining the application independently
6.3 Third-Party Services
Your application may rely on third-party services such as Firebase, Google Cloud, Apple App Store, Google Play Store, or other platforms. You acknowledge that:
- These third-party services have their own terms of service and privacy policies
- We are not responsible for any changes, outages, or issues caused by third-party services
- Additional fees may apply for third-party services (e.g., app store fees, hosting costs beyond included limits)
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7. Client Responsibilities
As a client, you agree to:
- Provide accurate and complete information during onboarding and customization
- Respond to requests for information or approvals in a timely manner
- Comply with all applicable laws and regulations in your use of the application
- Ensure that any content you provide (images, text, logos, etc.) does not infringe on third-party intellectual property rights
- Maintain the confidentiality of any login credentials or access information provided to you
- Use the application and Services in a lawful and ethical manner
You are solely responsible for:
- The content, data, and information you or your end users upload to or store in the application
- Compliance with data protection and privacy laws applicable to your business (e.g., GDPR, CCPA)
- Obtaining necessary consents from your end users for data collection and processing
- Any legal claims or disputes arising from your use of the application or the content provided by your end users
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8. Intellectual Property
8.1 Your Content
You retain all ownership rights to any content, branding materials, logos, text, images, or other materials you provide to us (“Client Content”). By providing Client Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Content solely for the purpose of providing Services to you.
8.2 Our Intellectual Property
All proprietary tools, software, templates, frameworks, designs, and methodologies used by stoicapps.com remain our exclusive intellectual property. You may not:
- Reverse engineer, decompile, or disassemble any proprietary code or tools
- Resell, sublicense, or distribute our proprietary components to third parties
- Use our intellectual property for any purpose other than operating your application
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9. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of providing Services. This includes but is not limited to:
- Business strategies, pricing, and client information
- Technical processes, code, and proprietary tools
- Personal information and data
Confidential information does not include information that:
- Is publicly available through no breach of this agreement
- Was independently developed without use of confidential information
- Is required to be disclosed by law or court order
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10. Disclaimers and Limitations of Liability
10.1 Service Availability
While we strive to provide reliable and uninterrupted Services, we do not guarantee:
- 100% uptime or availability of applications or support services
- Error-free or bug-free applications
- Compatibility with all devices, operating systems, or future platform updates
Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.
10.2 Limitation of Liability
To the fullest extent permitted by law:
- stoicapps.com and Carson Stonecipher shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of Services
- Our total liability for any claims arising from Services shall not exceed the total amount you paid to us in the 12 months preceding the claim
- We are not liable for any damages resulting from third-party services, platform changes, or circumstances beyond our reasonable control
10.3 Indemnification
You agree to indemnify, defend, and hold harmless stoicapps.com and Carson Stonecipher from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of Services or the application
- Your violation of these Terms
- Your violation of any third-party rights, including intellectual property rights
- Content provided by you or your end users
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11. Data and Privacy
11.1 Data Collection
We may collect and process certain data in connection with providing Services, including:
- Contact information (name, email, phone number)
- Payment and billing information
- Application usage data and analytics
- Communications between you and our support team
11.2 Use of Data
We use collected data to:
- Provide, maintain, and improve Services
- Process payments and manage billing
- Communicate with you about Services, updates, and support
- Comply with legal obligations
11.3 Data Security
We implement reasonable security measures to protect your data. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security.
11.4 Your Responsibilities
You are responsible for:
- Complying with all applicable data protection and privacy laws for your use of the application
- Implementing appropriate privacy policies and obtaining user consents as required by law
- Ensuring your use of the application complies with regulations such as GDPR, CCPA, or other applicable laws
We are not responsible for your compliance with data protection laws or any claims arising from your failure to comply.
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12. Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, United States, without regard to its conflict of law principles.
12.2 Jurisdiction
Any disputes arising out of or related to these Terms or Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Indiana.
12.3 Informal Resolution
Before initiating any formal legal proceedings, both parties agree to attempt to resolve disputes informally by contacting each other and negotiating in good faith.
12.4 Arbitration
If informal resolution fails, disputes may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Indiana, and the decision of the arbitrator shall be final and binding.
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13. Miscellaneous
13.1 Entire Agreement
These Terms constitute the entire agreement between you and stoicapps.com regarding the Services and supersede any prior agreements or understandings.
13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms at any time without restriction.
13.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, or failures of third-party services.
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14. Contact Information
If you have any questions about these Terms or our Services, please contact us:
Operated by Carson Stonecipher
Email: Carson@StoicApps.com
Website: https://www.stoicapps.com
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By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.