Terms of Service

1. Acceptance

These Terms of Service (‘Terms’) govern your access to and use of the website at [DOMAIN] (the ‘Site’), operated by Valocity Apps (ABN [ABN]).

By accessing or using the Site, you agree to these Terms. If you don’t agree, don’t use the Site.

These Terms cover Site use. Engagement terms are set in a separate Master Services Agreement (MSA) and Statement of Work (SOW) signed before we commence work.

2. About our services

We provide app development, website development, design, and marketing services as described on the Site. Specific tiers, pricing, and inclusions are on individual service pages.

All engagements are bespoke. The Site provides indicative pricing; actual engagements are scoped, priced, and contracted via signed SOW.

Site information may change at any time. The Site does not constitute a binding offer on any specific terms.

3. Engagement process

Initial enquiry — via contact form, email, or referral
Founder Call — 30 minutes, free, by manual approval
Written proposal — scope, deliverables, timeline, pricing
Signed MSA and SOW
Engagement commencement — only after deposit and SOW countersignature

We reserve the right to decline any engagement at our discretion.

4. Founder Call

Founder Calls are free 30-minute sessions, offered by manual approval only.

By submitting a request, you understand:

Booking a slot does not confirm the call. Confirmation happens only after we review your submission.
We review every request within 24 hours and respond by email — confirmation or polite decline.
Slots are held pending confirmation. If we don’t approve within 24 hours, the slot is automatically released.
Founder Calls do not create any contractual obligation for either party.
Cancellations or reschedules require 24-hour notice — anything less may result in a refusal to rebook.

If a Founder Call leads to a paid engagement, the terms are set in a separate Master Services Agreement (MSA) and Statement of Work (SOW).

5. Permitted Site use

You may use the Site for legitimate purposes:

Learning about our services
Reading our insights, case studies, and content
Contacting us about engagements
Subscribing to our newsletter
Booking a Founder Call

You must not:

Use the Site for any illegal purpose
Scrape, copy, or harvest content beyond personal use
Use automated tools (bots, crawlers) without written permission
Attempt unauthorised access to systems or accounts
Reverse engineer software on the Site
Send spam, phishing, or malicious code via forms or email
Impersonate any person or misrepresent affiliation
Use the Site to damage our reputation or operations

6. Intellectual property

All Site content — text, images, graphics, logos, designs, code, methodologies, trademarks — is owned by Valocity Apps or licensed to us. Protected by Australian and international IP law.

You may:

View and read content for personal, non-commercial use
Share links to specific pages on social media or private communications
Quote brief excerpts (under 100 words) with attribution and link back

You may not:

Reproduce, modify, distribute, or commercially exploit content without written permission
Use our logos or trademarks in any way implying affiliation, endorsement, or partnership
Frame or embed our Site within another site
Remove or alter copyright notices or proprietary markings

Our ‘Shipping Stack’ methodology, ‘The Conversion’ methodology, and any other branded frameworks are our IP and may not be reproduced, taught, or commercialised without written permission.

7. Third-party links

The Site may link to third-party websites. We don’t control these parties and aren’t responsible for their content, privacy practices, or terms. Linking does not constitute endorsement.

8. User-submitted content

If you submit content via forms or email (excluding NDA-protected engagement content), you grant us a non-exclusive, royalty-free, worldwide licence to use that content for responding to you and improving our services. You retain ownership.

You represent that submitted content:

Is yours or you have permission to share
Doesn’t infringe third-party rights
Isn’t unlawful, defamatory, threatening, or otherwise objectionable

9. Warranties and disclaimers

The Site is provided ‘as is’ and ‘as available’. To the maximum extent permitted by law, we make no warranties about:

Accuracy, completeness, or currency of Site content
Site being uninterrupted, error-free, or secure
Site defects being corrected
Site information constituting legal, financial, business, or professional advice

Information is for general guidance only. Obtain professional advice before making decisions based on Site content.

Nothing excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law that cannot be lawfully excluded.

10. Limitation of liability

To the maximum extent permitted by law:

Our total liability to you for any claim relating to Site use is limited to AUD $100
We’re not liable for indirect, incidental, special, consequential, or punitive damages
We’re not liable for loss of profits, revenue, data, business opportunity, or goodwill
We’re not liable for damages from your use of third-party sites linked from ours

These limitations apply regardless of legal basis (contract, tort, statute, or otherwise) even if we’ve been advised of possible damages.

These limitations do NOT apply to liability that cannot be excluded under Australian Consumer Law.

If you engage us for services, the liability terms of the signed MSA and SOW apply to that engagement (typically capped at fees paid in preceding 12 months). The Site cap above applies only to public Site use.

11. Indemnification

You agree to indemnify, defend, and hold harmless Valocity Apps, its officers, directors, employees, and agents from any claim, loss, liability, expense, or damages (including legal fees) arising from:

Your breach of these Terms
Your misuse of the Site
Your violation of any law or third-party right
Any content you submit to us

12. Termination

We reserve the right to terminate or restrict your Site access at any time, without notice, for any reason including:

Breach of these Terms
Suspected illegal activity
Abusive or harmful behaviour
Technical or security reasons

Termination doesn’t affect rights or obligations accrued before termination.

13. Governing law and disputes

These Terms are governed by and construed in accordance with the laws in force in the Commonwealth of Australia and, where applicable, the laws of the State or Territory in which our principal place of business is located. You submit to the non-exclusive jurisdiction of the courts of Australia and the courts competent to hear appeals from them. If you access the Site from outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws; we make no representation that the Site or its content is appropriate, lawful, or available for use in any particular location.

Before court proceedings, you agree to:

Notify us in writing of the dispute
Engage in good-faith negotiation for at least 30 days
If unresolved, attend mediation through the Resolution Institute (resolution.institute) at shared cost

This clause doesn’t prevent either party from seeking urgent injunctive relief from a court.

14. General

Entire agreement: These Terms (with our Privacy Policy and Cookie Policy) constitute the entire agreement regarding Site use.

Severability: If any provision is invalid, remaining provisions continue in full force.

No waiver: Failure to enforce a right doesn’t waive it.

Assignment: You may not assign these Terms without written consent. We may assign to any successor of our business.

Survival: Provisions that should survive termination (IP, liability, indemnification, governing law) do.

Force majeure: Neither party is liable for delays from events beyond reasonable control.

Notices: Notices to us → [CONTACT EMAIL] or [REGISTERED ADDRESS]. Notices to you → any email or address you’ve provided.

Updates: We may update Terms. ‘Last updated’ date reflects changes. Material changes notified by email or Site notice for 30 days.

15. Contact

Email: [CONTACT EMAIL]
Postal: [REGISTERED ADDRESS]