Terms & Conditions

These Terms & Conditions (Terms) govern the relationship between Foxapex LLC (FoxApex, we, us, or our) and any individual or entity (Client) that engages our services or accesses our website. By submitting a project inquiry, signing a proposal, or using our website, you agree to these Terms.

1. Services

FoxApex provides custom digital product development services, including but not limited to:

• Native and cross-platform mobile application development (iOS, Android)
• Web application and platform development
• Game development (Unreal Engine 5, Unity)
• Cloud infrastructure and DevOps services
• UI/UX design and prototyping

The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate written agreement or Statement of Work (SOW) signed by both parties. These Terms apply in conjunction with any such agreement.

2. Proposals & Estimates

All proposals, quotes, and estimates provided by FoxApex are valid for 30 days from the date of issue unless otherwise stated. Estimates are based on information provided at the time of inquiry and may be revised if project scope changes materially.

No work will commence until a written agreement or SOW has been signed and any required deposit has been received.

3. Payment Terms

Payment schedules are outlined in individual project agreements. Standard terms typically include:

• A deposit of 30–50% due before work begins
• Progress milestone payments as defined in the SOW
• Final balance due upon project completion and delivery

Invoices not paid within 14 days of the due date may incur a late fee of 1.5% per month on the outstanding balance. FoxApex reserves the right to suspend work on any project with overdue payments.

4. Intellectual Property

Upon receipt of full payment, FoxApex transfers all intellectual property rights to the custom-developed deliverables to the Client, unless otherwise agreed in writing. The following are explicitly excluded from this transfer:

• Proprietary frameworks, libraries, and tools developed independently by FoxApex
• Third-party components, open-source software, and licensed assets
• Pre-existing FoxApex intellectual property incorporated into deliverables

FoxApex retains the right to reference the existence of an engagement for portfolio or marketing purposes unless the Client requests otherwise in writing, or an NDA restricts such disclosure.

5. Confidentiality

Both parties agree to keep confidential any proprietary information disclosed during the engagement. FoxApex will not disclose Client data, business logic, credentials, or source code to any third party without explicit written consent, except as required by law. A separate NDA may be executed at the Client's request.

6. Revisions & Change Requests

Each project phase typically includes a defined number of revision rounds specified in the SOW. Requests that fall outside the agreed scope or significantly alter the project direction will be treated as change requests and may require additional time and cost, communicated in writing before implementation.

7. Client Responsibilities

The Client agrees to:

• Provide timely feedback, approvals, and required materials
• Designate a primary point of contact with authority to make decisions
• Ensure all content, assets, and third-party licenses provided to FoxApex are legally owned or licensed by the Client
• Not hold FoxApex liable for delays caused by the Client's failure to provide necessary inputs

8. Warranties & Disclaimer

FoxApex warrants that services will be performed with professional skill and care consistent with industry standards. We provide a 30-day bug-fix warranty following delivery, covering defects in our own code that prevent agreed functionality from working as specified.

Beyond this, services are provided as iswithout warranties of any kind, express or implied. FoxApex does not warrant uninterrupted or error-free operation of any deliverable, nor results from the use of any application or platform.

9. Limitation of Liability

To the maximum extent permitted by applicable law, FoxApex's total liability to the Client for any claim arising under or related to these Terms or any project agreement shall not exceed the total fees paid by the Client for the specific engagement giving rise to the claim in the three months preceding the claim.

In no event shall FoxApex be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if advised of the possibility of such damages.

10. Termination

Either party may terminate an engagement with 14 days written notice. Upon termination, the Client is responsible for payment of all work completed up to the termination date. FoxApex will deliver all completed work product upon receipt of outstanding payment.

FoxApex reserves the right to terminate immediately if the Client engages in unlawful conduct, fails to make payment after written notice, or acts in material breach of these Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Florida.

12. Entire Agreement

These Terms, together with any signed project agreement or SOW, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior discussions, representations, and agreements.

13. Changes to These Terms

We may update these Terms from time to time. Updates will be posted on this page with a revised effective date. Continued use of our website or services after such changes constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, please reach out to: