Terms of Service

By accessing or using the website and services provided by ZKidz Dev (“we,” “our,” or “us”), you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our website or services.

These terms apply to all visitors, users, clients, and others who access or use our website at zkidzdev.com and any related services.

ZKidz Dev provides software development services including but not limited to:

• Mobile application development (iOS and Android)
• Web application development
• API development and integration
• UI/UX design
• Cloud solutions and infrastructure
• Software consulting and technical advisory
• Multi-tenant platform development

The specific scope, deliverables, timeline, and pricing for each engagement are defined in individual project proposals and contracts agreed upon by both parties.

As a client engaging our services, you agree to:

• Provide accurate and complete information necessary for project delivery
• Respond to requests for feedback, approvals, and materials in a timely manner
• Ensure you have the rights to any content, data, or materials you provide to us
• Make payments according to the agreed-upon schedule and terms
• Designate a primary point of contact for project communication
• Review and test deliverables within the agreed acceptance period

Client Ownership

Upon full payment, all custom code, designs, and deliverables created specifically for your project are transferred to you. This includes source code, design files, and documentation produced during the engagement.

ZKidz Dev Retained Rights

We retain the right to:

• Use general knowledge, skills, and techniques acquired during the project
• Retain and reuse proprietary tools, libraries, and frameworks developed independently of client projects
• Showcase the project in our portfolio and case studies (with your permission and without disclosing confidential information)

Third-Party Components

Projects may include open-source libraries, frameworks, or third-party components subject to their own licenses. We will inform you of any significant third-party dependencies and their licensing terms.

• Payment schedules and amounts are defined in individual project proposals
• Typical structure: deposit upon agreement, milestone payments, and final payment upon delivery
• Invoices are due within 14 days of issuance unless otherwise agreed
• Late payments may incur a fee of 2% per month on overdue amounts
• All prices are quoted in the currency specified in the proposal and are exclusive of applicable taxes unless stated otherwise
• We reserve the right to pause work on projects with outstanding payments exceeding 30 days

• Deliverables will be provided according to the timeline agreed upon in the project proposal
• You will have a review period (typically 7-14 business days) to test and accept deliverables
• Feedback and revision requests must be submitted within the agreed review period
• Deliverables are considered accepted if no feedback is provided within the review period
• Scope changes after project commencement may require a change order with adjusted timeline and pricing

Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. We provide a warranty period (typically 30-90 days after delivery) during which we will fix bugs and defects at no additional cost.

Disclaimer

Except as expressly stated above, our services and website are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

• Our website will be uninterrupted, secure, or error-free
• Results achieved through our services will meet your specific business objectives
• Third-party services or platforms integrated into deliverables will remain available or unchanged

To the maximum extent permitted by applicable law, ZKidz Dev shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from:

• Use or inability to use our website or services
• Any unauthorized access to or alteration of your data
• Statements or conduct of any third party on our services
• Any bugs, viruses, or other harmful components transmitted through our services

Our total liability for any claim arising from or related to our services shall not exceed the total amount paid by you for the specific project giving rise to the claim.

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement. This includes but is not limited to:

• Business strategies and trade secrets
• Technical specifications and source code
• Financial information and pricing details
• User data and customer information

Confidentiality obligations survive the termination of the engagement for a period of 2 years unless otherwise agreed in writing.

Either party may terminate an engagement under the following conditions:

• Mutual Agreement: Both parties agree to terminate in writing
• Breach: The other party materially breaches these terms and fails to cure within 14 days of written notice
• Convenience: Either party may terminate with 30 days written notice, subject to payment for work completed

Upon termination, you will receive all completed deliverables and work-in-progress for which payment has been made. Any outstanding payments for completed work remain due.

When using our website, you agree not to:

• Use the website for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the website or its systems
• Transmit any malicious code, viruses, or harmful data
• Scrape, crawl, or collect data from the website without permission
• Interfere with or disrupt the website's functionality or servers
• Impersonate any person or entity or misrepresent your affiliation

You agree to indemnify and hold harmless ZKidz Dev, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of our website or services
• Your violation of these Terms of Service
• Your violation of any rights of a third party
• Content, data, or materials you provide to us for use in projects

These Terms of Service are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts located in the Philippines.

We reserve the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated “Last updated” date. Your continued use of our website and services after changes are posted constitutes acceptance of the revised terms.

For active engagements, changes to service-related terms will be communicated directly and will not apply retroactively to existing contracts without mutual agreement.

If you have questions about these Terms of Service, please contact us:

• Email: angelo@zkidzdev.com
• Phone: +63 917-702-2995
• Location: Philippines