Terms of Service

Wicked Funnels Pty. Ltd. (ABN 18 616 868 350), the company that operates Appalanche (“we”, “our”, or “us”), is a software development studio based in New South Wales, Australia. We build mobile apps, websites, web apps, APIs, and AI-powered software for business clients. These Terms govern the services we provide and your use of this website. By engaging us or accepting a quote, you agree to them.

If a signed proposal or statement of work says something different from these Terms, the signed document wins for that engagement.

Most of our work is delivered as fixed-scope engagements. Before we start, we agree a written statement of work with you that sets out the deliverables, timeline, price, and any assumptions. Anything not listed in the statement of work is out of scope.

• Quotes are valid for 30 days unless we say otherwise.
• If you ask for changes after the scope is agreed, we will quote the change separately before doing the work. We will never bill you for out-of-scope work you have not approved.
• Timelines are good-faith estimates. They depend on you providing content, feedback, and approvals on time (see “Your responsibilities” below), and may shift if third parties such as app-store reviewers introduce delays.

• All prices are quoted and invoiced in Australian dollars (AUD). Where GST applies, it will be itemised on the invoice.
• Fixed-scope projects are typically billed as a deposit before work starts, with the balance tied to agreed milestones or delivery. The exact schedule is set out in your statement of work.
• Invoices are payable within 14 days unless the statement of work says otherwise. We may pause work on overdue accounts after giving you notice.
• Deposits cover work already scheduled and begun, so they are generally non-refundable once work has started, except as required by law.

You own what you pay for. On full payment of the fees for an engagement, ownership of the deliverables created specifically for you (code, designs, and documentation) transfers to you.

• We retain ownership of our pre-existing tools, libraries, templates, and general know-how. Where any of these are included in your deliverables, you receive a perpetual, non-exclusive licence to use them as part of your product.
• Deliverables commonly include open-source components under their own licences (for example React Native, Next.js, and Node.js packages). Those licences continue to apply.
• Anything you provide to us (your brand, content, data, and existing systems) remains yours.
• Where agreed, source-code repositories and third-party project accounts can be created under your control during delivery. This does not change when ownership of our custom deliverables transfers: that happens on full payment as set out above.
• Unless you ask us not to, we may identify you as a client and describe the work in our portfolio and case studies once the project is live.

To keep your project on track, you agree to:

• provide the content, branding, credentials, and access we reasonably need, and respond to questions and review requests within a reasonable time;
• ensure you have the rights to any material you give us to use in the deliverables;
• nominate a person authorised to give approvals and make decisions about the project; and
• review and accept deliverables promptly. If we do not hear from you within 14 days of delivering a milestone, we may treat it as accepted.

Projects often depend on third-party services: hosting providers, app stores, payment processors, AI model providers, and other APIs. You are responsible for the accounts and ongoing fees for services registered in your name, and your use of them is governed by their terms, not ours.

For mobile apps, publication is subject to Apple App Store and Google Play review policies. We prepare submissions to meet those policies and handle the review process, but we cannot guarantee approval or review timeframes, and we are not responsible for changes those platforms make to their rules or fees.

We warrant that deliverables will materially match the agreed statement of work, and that our work will be carried out with due care and skill.

30-day fix period. If you find a defect, meaning the software is not behaving as described in the statement of work, within 30 days of delivery, tell us and we will fix it at no charge. This does not cover new features, changes to scope, issues caused by third-party services or by modifications made by anyone other than us, or environments we do not control. Ongoing support and maintenance beyond this period can be arranged separately.

To the fullest extent permitted by law, our total liability arising out of or in connection with an engagement is capped at the fees you paid us for that engagement, and neither party is liable to the other for indirect or consequential loss, loss of profits, loss of data, or loss of goodwill.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot be excluded by agreement. Where liability for breach of a non-excludable guarantee can be limited, it is limited to resupplying the services or paying the cost of having them resupplied.

Each of us agrees to keep the other's confidential information (business plans, technical details, pricing, and anything else a reasonable person would treat as confidential) private, and to use it only for the engagement. This does not apply to information that is already public, independently known, or required to be disclosed by law. This obligation survives the end of an engagement.

Either party may end an engagement with 14 days' written notice, or immediately if the other party materially breaches these Terms and does not fix the breach within 14 days of being asked.

If an engagement ends early, you pay for work completed up to the end date, and we hand over the deliverables and work-in-progress that the payments made cover.

We may update these Terms from time to time; the latest version will always be on this page. Changes do not affect engagements already under way, those continue on the terms in place when the statement of work was signed.

These Terms are governed by the laws of New South Wales, Australia, and both parties submit to the non-exclusive jurisdiction of the courts of New South Wales.

Questions about these Terms? Email moe@wickedfunnels.com.au.