Terms Of Service

App Design and Customization Guidelines

Feature Selection
Growth Apps has an extensive library of features from which you can select the set of features that will resonate best with your customers. Upon request we are happy to provide a set of recommended features and the scope of their functionality. However, you are free to choose whatever features you wish for your app’s feature set from our library of available features and upon request the scope of any feature can be provided .

Available Features
Cameras, Directions, Locations, Calling, Social, Photo Lists, Links, Products, Services, Image Gallery, Menu, File Downloads, Contact Info, Promotions, Calculators, Coupons, Reviews, Messages, Q&A Forum, Hours, Company Info, Events, Rewards, Journal, Loyalty Card, Photo Contests

Custom Features
If you want a feature that we currently don’t offer we have the option to create a custom feature for an additional fee. The price of a custom feature varies depending on the complexity of the feature.

Branding
Growth Apps provides a number of integration points for your branding. This includes the splash screen, home page banner, navigation bar, and background. You are also allowed to select the color pallet that matches your branding.

Content
With branding and with features that require content you are responsible to provide all exclusive content. This content might include logos, icons, images, color pallets, videos, written copy, event information, reward programs etc. For some of our features we have stock content which is available for your non-exclusive use.

Technical Specifications & Development Process
Mobile Operating System Specification
In order to take advantage of the most current features as well as reach the largest audience possible the following operating systems will be used:
• Apple Devices: iOS 6 or greater
• Android Devices: API Version 15 or greater

Mobile Device Specification
Growth Apps are designed to be an extension of your business that your customers can always have with them. With this in mind Growth Apps are optimized for mobile phones. While they can be ran on a tablet, the experience will be nearly identical to that on a phone.

Updates
As part of the Growth Apps service we provide timely updates to resolve any bugs or issues found in the functionality of the apps. This includes any bugs or issues that arise as a result of newer operating systems being released. Our updates follow a regular quarterly schedule unless an app has been released in that quarter, in which case we provide updates as required. You may also submit requests to update or fix the content of any of your existing features during any of the regularly scheduled updates as long as written notice is given 3 weeks prior to the update.

Modifying Your App
We understand that businesses evolve and we are happy to help you if you decide you want to modify the core functionality or look of your app. However, these changes fall outside the sco
pe of the options described in this proposal and so additional fees and development costs will apply.

Development Process
Our process helps you build the perfect app for your customers. By combining functionality from our extensive library of features with your company’s distinctive branding and content we create a unique and compelling experience for your customers. We break our process into 4 stages: Define, Develop, Deploy & Maintain, and Promote.

Definition Stage
During the Definition Stage Growth Apps will work closely with you to define how you want your apps to function and look. Growth Apps will hold a meeting with key stakeholders from your company to review our app development process. Growth Apps will identify and discuss the features and branding options available to your company with an app built on the Growth Apps Platform. As part of the definition stage Growth Apps will provide for your company’s approval a Design Specification Document which includes a detailed description of the features selected as well as mockups of the final design. (If required) your company will provide a list of desired changes. (If required) Growth Apps will make any changes to the Design Specification Document and resubmit it to your company for their approval. Upon approval of the Design Specification Document the Development Stage will commence.

Development Stage
Prior to beginning the Development Stage the customer must provide Growth Apps with all of the necessary content in order to complete the app, including logos, icons, images and written copy. During the development stage Growth Apps will handle all of the tasks related to developing and testing your Growth Apps.

Deployment & Maintenance Stage
Upon completion of the Development Stage and prior to app store submission Growth Apps will meet with your company to allow you to demo live versions of the app. Next, Growth Apps will submit the apps to their respective app stores and work through the approval process which takes up to 2 weeks. At a date agreed upon by your company (no earlier than 2 weeks from submission) Growth Apps will enable the apps for download. As long as your company is current on their contract, Growth Apps will provide all service and maintenance on the apps including updating them to resolve issues arising from OS updates.

Promotion Stage
As part of the promotion stage Growth Apps will hold a meeting with your company’s marketing team to help develop a strategy for educating customers about the app and driving usage. Growth Apps will also provide a resource pack of promotional materials for marketing apps including templates, image assets and a guide on best practices. Your company is responsible for developing and implementing your strategy for educating customers and driving usage. Additional marketing services can be provided for an additional fee. The price of the marketing services varies depending on the complexity of the marketing activities.
The Growth Apps platform gives you the ability to create and share dynamic content with your customers. This type of content isn’t deployed with the app when it is submitted to the store but rather added over time through a remote server. Examples of this type of content include: Events, Coupons, Product Lists, Photo Contests, Notifications, etc. Relating to this type of content: Growth Apps will provide a web portal through which dynamic content can be created and maintained. As long as your company is current on their contract they will have access to the web portal. Growth Apps will also provide one training session to your company on how to effectively use the web portal. Your company will be expected to create and maintain their dynamic content.

Terms and Conditions
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for app design and development and apply to all work undertaken by Encapture Labs for its clients, including work done using the Growth Apps Platform.
2. PAYMENT FOR WOR
We will immediately begin monthly billing of the agreed upon rate and also begin the app development process. The app development process can take up to 6 weeks, during which you will be billed at your standard rate. We reserve the right to cancel any contract with a refund being issued at our sole discrection.
3. APPROVAL OF DESIGN SPECIFICATION DOCUMENT
On completion of the Design Specification Document you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the document which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, design specifications cannot subsequently be rejected.
4. APPROVAL OF LIVE DEMO
On completion of the App you will have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 5 days of your review. These points must not have been previously agreed upon in the Design Specification Document. If no issues are reported in writing to us within the 5-day review period the app will be deemed to have been approved. Once approved, or deemed approved, the app will be submitted to the app store and cannot subsequently be rejected by the client.
5. REJECTED WORK
You may reject any of our work within the review periods, and you may also not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory. If we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
6. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your apps. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your apps.
7. APP STORE LISTINGS
We will list your apps in the store for you. These listings will be done under our app store developer accounts. You will need to provide the content of these listings including any descriptions and artwork for the listings.
8. BILLING
Once your app is posted to the app store we will continue to service the app according to the schedule defined in this contract. Each month during your one year term, we’ll bill your credit card the fee stated at the time of purchase. The price is valid for a full 12 months. After that, we’ll renew your contract automatically unless you cancel. The price is subject to change, but we will always notify you beforehand. As part of our service agreement you will be billed for your annual contract on a month-to-month basis unless otherwise specific or until you cancel your service agreement or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Growth Apps service. By creating an app on the Growth Apps Platform and providing or designating a Payment Method, you authorize us to charge you a monthly service fee at the agreed upon rate to your Payment Method.
If you decide to cancel your service agreement you will continue to have service and continue to be billed through the end of your annual service agreement period. We do not provide refunds or credits for prepaid contracts or refund setup fees. To cancel, contact us via phone or email. If you cancel your service agreement, your account will automatically close at the end of your annual billing period. If you cancel, your apps will not be available for download in the store and will not receive any updates. The features in your app may cease to work as expected and you will not be able to update the content of any dynamic features or access the web portal.
9. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises. We also shall not be liable for any loss or damage which you may suffer as a result of how your users use the app, including any content that they create with or without your branding.
10. DISCLAIMER
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Growth Apps under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
11. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the state of Utah. You and Encapture Labs submit to the non-exclusive jurisdiction of the courts in and of Utah in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.