These terms apply to anyone visiting apptimistic.com and anyone engaging Apptimistic Pty Ltd (“we,” “us,” “Apptimistic”) for professional services. Read them before you book a call or sign a proposal.
№ 01Who we are
Apptimistic Pty Ltd is an Australian proprietary company based in Melbourne, Victoria. We provide custom software, AI consulting, AI automation, done-for-you SaaS and apps, joint-venture / white-label engagements, and embedded technical leadership (Fractional CTO). Our contact address is hello@apptimistic.com.
№ 02Acceptance
By using this site, requesting a proposal, or engaging us, you accept these terms. If you don't accept them, don't use the site and don't engage us. We may update these terms from time to time - the “Effective” date at the top of this page reflects the current version. Material changes will be flagged at least 30 days before they take effect for existing clients.
№ 03Engagements & scope
Every engagement is governed by a signed proposal, statement of work, or retainer agreement (the “Contract”). The Contract sets out the scope, deliverables, timeline, fee, and any specific terms. Where the Contract conflicts with this page, the Contract wins.
- We work to a fixed scope, fixed price, fixed timeline. If we burn additional hours through our own decisions, that's our cost - not yours.
- Out-of-scope work is quoted separately in writing before we start it. We don't do silent change orders.
- You agree to provide timely access, information, and decisions. If our work is materially blocked by your delays, the timeline shifts and the fee may be adjusted in writing.
№ 04Fees & payment
Fees, deposits, and payment terms are set in each Contract. Unless the Contract says otherwise:
- All fees are quoted in Australian Dollars (AUD), exclusive of GST. GST is added where applicable under Australian law.
- Invoices are due within 14 days of issue. Late payment may accrue interest at the Reserve Bank of Australia cash rate plus 4% per annum.
- Retainers are billed monthly in advance. Diagnostics, builds, and JV work follow a milestone schedule defined in the Contract.
- If an invoice is more than 30 days overdue, we may pause delivery without breaching the Contract.
№ 05Intellectual property
You own everything we build for you. On full payment of the relevant invoice, all bespoke deliverables - code, designs, documentation, configuration, infrastructure as code - are assigned to you. We retain ownership of:
- Our pre-existing tools, libraries, internal frameworks, and methodologies (which you receive a perpetual, non-exclusive licence to use as embedded in the deliverables).
- Generalised know-how, skills, and experience gained during the engagement.
Open-source components remain governed by their own licences. We flag the licence of any non-trivial open-source dependency before we ship it.
№ 06Confidentiality
Either side may share non-public information during an engagement. Each side agrees to use the other's confidential information only for the engagement, to protect it with at least the same care it uses for its own confidential information, and not to disclose it to third parties without consent (except to advisers under similar duties of confidence, or as required by law). This obligation survives termination of the engagement for three years.
№ 07Warranties & limitations
We warrant that our work will be performed with due care, skill, and to the standard reasonably expected of a senior software firm. We will re-perform defective work that is reported to us in writing within 30 days of delivery, where the defect is attributable to us.
Beyond that warranty, and to the maximum extent permitted by law, the site and our services are provided “as is.” We don't warrant that the site or any deliverable will be uninterrupted, error-free, or fit for a purpose we didn't specifically agree to in the Contract.
Nothing in these terms excludes or limits any right you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded.
№ 08Liability
To the maximum extent permitted by law, our aggregate liability to you under or in connection with any engagement (whether in contract, tort, or otherwise) is capped at the fees you have paid us for the deliverable that gave rise to the claim in the 12 months immediately before the claim arose. Neither side is liable for indirect, consequential, or special losses, including lost profits, lost revenue, lost data, or business interruption.
№ 09Termination
Either side may terminate an engagement on written notice as set out in the Contract. If no notice period is specified, the default is 30 days. On termination:
- You pay for all work completed up to the termination date and any non-cancellable third-party costs we've incurred on your behalf.
- We hand over all completed deliverables, source code, credentials, and documentation in a usable form within 14 days.
- We'll honour a reasonable, paid transition window where requested. Lock-in is a failure mode - we don't practise it.
№ 10Your use of the site
The content on apptimistic.com is provided for general information. You may read, link to, and share it. You may not scrape it for AI training without our written permission, resell it, or pass it off as your own. Anything you submit (form entries, emails, etc.) is treated under our Privacy Policy.
№ 11Governing law
These terms and any engagement are governed by the laws of Victoria, Australia. Each side submits to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.
№ 12Contact
Questions about these terms? Email hello@apptimistic.comand a senior will reply. We don't route legal questions through SDRs.
If we've signed something with you, that signed thing wins. You own what we build. You pay us on time. We do careful work and stand behind it. If something goes sideways, liability is capped at the relevant fee. Victorian law applies. None of this strips rights you have under the Australian Consumer Law.