Terms of Service

Last updated: 16 September 2026

These terms apply to development and consultancy services supplied by MakeMyApp UK (“we”, “us”) to a client (“you”). Where you and we have signed an engagement letter, statement of work, order form or framework agreement, that signed document prevails over anything on this page to the extent of any conflict. These terms fill the gaps rather than override the negotiated document.

1. Definitions worth pinning down early

Three words cause most of the arguments in this industry, so they are defined here. An estimate is an indicative figure and shape for the work, not an offer capable of acceptance. A quotation is a firm price for a defined scope that we will hold open for the period stated on it. Scope means the written description of the deliverables in the engagement letter or statement of work, not the broader ambition discussed on a call. A working day is Monday to Friday excluding bank holidays in England and Wales.

2. What we supply

Custom software development and related services: discovery and technical scoping, user interface and experience design, prototyping, building mobile, web, desktop, backend and AI-enabled software, quality assurance, deployment and store submission, taking over or modernising existing codebases, and ongoing maintenance and support. Exactly which of these applies to you is defined in your engagement letter. We supply services with reasonable care and skill; we do not supply a specific business outcome, and section 20 says so plainly.

3. Estimates and quotations are different documents

Our free estimate is a scoping document containing a proposed first release, an indicative delivery window and a sterling range with its assumptions written underneath. It is provided at no charge, it is yours to keep, and it does not commit either of us to anything. A quotation is issued after the scope has been settled in detail, states a firm figure and a validity period, and becomes binding when you accept it in writing and the engagement letter is signed. Nothing said on a call, in a chat message or in a slide deck constitutes a quotation.

4. Fixed-price engagements

On a fixed-price engagement we agree a scope and a figure before work begins, and we carry the risk of having estimated the effort badly. Work that falls inside the agreed scope is our problem, not yours, even if it takes longer than we expected. What changes the figure is scope you add later, handled under section 11. Fixed price requires a scope that can genuinely be pinned down; where it cannot, we will say so and propose section 5 instead rather than quoting a padded number.

5. Time-based and monthly engagements

Where the roadmap is going to move, we work on a monthly dedicated-team basis or on agreed rates for defined periods. These are invoiced in advance, run on a rolling basis with a notice period stated in the engagement letter, and produce the same fortnightly build and daily written update as a fixed-price engagement. The trade is budget certainty for flexibility, and we will tell you which model we think fits your situation even where the other one would earn us more.

6. Fees, sterling and VAT

All fees are quoted and payable in pounds sterling. Every figure we publish or quote is exclusive of VAT, and VAT is added at the prevailing rate on the invoice where it applies. Where a payment is subject to withholding or deduction required by law in your jurisdiction, the amount payable is increased so that we receive the sum we would have received had no such deduction been required. Bank charges on a payment are yours; charges on our side are ours.

7. Invoicing, payment terms and late payment

Fixed-price work is invoiced against the milestones set out in the engagement letter: a deposit to commence, instalments tied to design sign-off and named build milestones, and a final instalment on delivery. Monthly engagements are invoiced monthly in advance. Unless the engagement letter says otherwise, invoices are payable within 30 days of the invoice date. Where your procurement process requires a purchase order number on the invoice, tell us before the first invoice is raised.

Late payment on a business-to-business contract carries a statutory entitlement to interest and to a fixed sum for the cost of recovering the debt under the Late Payment of Commercial Debts (Interest) Act 1998 as amended, and we reserve that right. In practice we will ring you first. We may also suspend work and withhold a release, a deployment or a handover while an undisputed invoice remains unpaid, having given you written notice and a reasonable opportunity to settle it. If you dispute part of an invoice, pay the undisputed part on time and tell us what is in dispute and why.

8. Costs you pay directly, which are not in our fee

Our fee covers our work. Third-party costs sit outside it, are paid by you directly to the supplier, and are listed in the proposal with realistic figures so the total cost of ownership is visible before you commit. They typically include:

• Apple Developer Programme and Google Play developer registration fees.
• Cloud hosting, storage, data transfer and managed database charges.
• Domain registration and renewal, and certificates where not included by the host.
• Paid APIs and services — SMS, mapping, address lookup, identity verification, email delivery, AI model usage and similar.
• Payment processing fees charged by Stripe, GoCardless, your acquirer or your bank.
• Premium fonts, stock photography and video, and any commercial software licence the build requires.

Where we pay one of these on your behalf as a convenience, we recharge it at cost with the receipt attached. We do not mark up third-party costs.

9. What we need from you

Delivery dates assume you do your part. That means a single named person with authority to make decisions and give approvals; feedback and sign-offs within the periods stated in the plan; timely provision of content, brand assets, credentials and access to any third-party system we must integrate with; and prompt creation of the accounts described in section 16. Where an approval or an access request sits with you beyond the agreed period, the delivery dates move accordingly, and where it causes us to hold a team idle we may charge for the standing time at the rate in the engagement letter, having warned you first.

You are responsible for the lawfulness of the content, data and instructions you give us, for holding any licence or regulatory permission your product requires, and for ensuring you are entitled to give us the material you supply.

10. Acceptance of deliverables

Each milestone deliverable is made available for you to review. Unless the engagement letter states otherwise you have ten working days to accept it or to give us a written list of specific points where it does not meet the agreed scope. We correct anything genuinely outside the agreed scope at no charge. If you use a deliverable in your live business, or if the review period passes without a written response, the deliverable is treated as accepted — which does not affect the defect-fix window in section 19.

11. Change requests

Scope moves; that is normal, and using a real build tends to produce better ideas than reading a document did. Small adjustments inside the agreed scope are absorbed without a conversation about money. Anything that adds real work is documented in a short written change request stating what it is, what it costs excluding VAT and what it does to the delivery dates. Nothing chargeable starts until you approve that request in writing. We will not perform additional work and present an invoice for it afterwards, and you should not instruct additional work informally and expect it to be free.

12. Delivery dates

Dates in a plan are our honest working estimate on the information available, and we plan backwards from any hard external date you tell us about at the start. They are not conditions of the contract and time is not of the essence unless the engagement letter expressly says so for a specific date. Where a delay is caused by your side, by a third party we depend on, or by something outside the reasonable control of either of us, the dates move by a reasonable period and we tell you as soon as we know.

13. Our people and subcontracting

We supply the work through our own team and may engage subcontractors or specialists; we remain responsible to you for their work as if it were our own, and they are bound by equivalent confidentiality obligations. Our delivery team works to Indian Standard Time, which overlaps the UK working day from approximately 9am to early afternoon UK time. We do not hold ourselves out as having a UK-based delivery team or providing cover outside that window except where a support agreement expressly provides for it.

Neither of us will solicit or employ the other’s personnel who have been materially involved in the engagement, during it and for six months afterwards, without the other’s written agreement. This does not catch a response to a public advertisement not directed at those individuals.

14. Intellectual property and assignment

Intellectual property rights in the bespoke software, designs and documentation created specifically for you under an engagement are assigned to you with effect from receipt of payment in full of all sums due under that engagement. Because an assignment of copyright is only effective under UK law if it is in writing and signed by or on behalf of the assignor, the assignment is set out in the signed engagement letter rather than left to be implied. Until the assignment takes effect, you have a licence to use the deliverables for evaluation and review but not to exploit them commercially.

Two categories do not transfer, and this is true of every software supplier whether they say so or not. The first is our pre-existing materials and general know-how: internal tooling, libraries, patterns, templates and skills that existed before your project or are developed independently of it. Where any of that is embedded in a deliverable, you receive a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, modify and sublicense it as part of the deliverable, including the right to have a third party maintain it. The second is third-party components, which are covered in section 15.

Where a database is created as part of the work, any database right in it that arises is dealt with on the same basis as the other rights above and is included in the assignment.

15. Third-party and open-source components

Modern software is assembled as much as written, and your build will include third-party open-source components. Those remain the property of their authors and are supplied to you under their own licences — permissive licences such as MIT, BSD and Apache 2.0 in the ordinary course, and we will not introduce a copyleft component that would oblige you to publish your own source code without telling you first and getting your agreement. We provide a list of the components used and their licences at handover. Commercial third-party licences, where a build needs one, are procured in your name and paid for by you.

16. Your repositories, accounts and credentials

Source control, the cloud project, error monitoring, analytics, the domain and the app store listings are created in your company’s name from the first week of the engagement, and we work inside them using our own named accounts. We do not register production accounts in our name and reassign them at the end. Credentials you give us are used only for the purposes of the engagement, held in a password manager with access limited to the people who need it, and revoked or returned on exit under section 22. You are responsible for keeping your own account recovery details and for paying the associated third-party charges.

17. Confidentiality

Each of us will keep the other’s confidential information confidential, use it only for the purposes of the engagement, and disclose it only to personnel and subcontractors who need it and are under equivalent obligations. This applies whether or not a separate non-disclosure agreement has been signed, and we will sign a mutual NDA on request at no cost. The obligation does not extend to information that is or becomes public other than through a breach, that a party already held without obligation, that is independently developed, or that must be disclosed by law or by a court or regulator — in which case the disclosing party gives the other notice where it is lawful to do so. These obligations survive the end of the engagement.

We will not name you as a client, use your logo or describe the work publicly without your written agreement.

18. Data protection

Where we process personal data on your behalf in the course of an engagement, you are the controller and we are the processor for the purposes of the UK GDPR and the Data Protection Act 2018, and the parties will enter into a written data processing agreement containing the terms required by Article 28 before that processing begins. That agreement governs the subject matter and duration of the processing, the categories of data and data subjects, security measures, the use of sub-processors, assistance with data subject requests and personal data breaches, international transfers and the safeguards relied on, and what happens to the data at the end. Where personal data is transferred outside the UK, the transfer is made under UK adequacy regulations or the International Data Transfer Agreement or UK Addendum, as applicable. How this website handles data submitted through it is described separately in our privacy policy.

19. Warranty and the defect-fix window

We warrant that the services will be performed with reasonable care and skill, and that for the period stated in the engagement letter following delivery — ordinarily 30 days, longer where agreed — the software will operate materially in accordance with the agreed scope on the platforms and browsers it was agreed to support. Defects reported inside that window that are genuinely failures against the agreed scope are corrected at no charge and as a priority.

The warranty does not cover faults caused by changes made by you or a third party, by a change in a third-party platform, operating system, API or service after delivery, by use outside the agreed supported platforms, by incorrect data, or by your infrastructure. Those are ordinary maintenance work and are covered by a support retainer or charged at the applicable rate. No software of meaningful size is free of defects and we do not warrant that it will be.

20. What we do not guarantee

We are explicit about this because the industry frequently is not. We do not guarantee that Apple, Google or any other platform operator will approve, retain or rank your application, since their review criteria and guidelines are theirs to set and change. We do not guarantee any commercial outcome — downloads, users, conversion, revenue, funding, cost savings or search ranking. We do not guarantee uninterrupted or error-free operation, the continued availability or pricing of any third-party service, or that a regulator, insurer or auditor will accept a given approach. Where a build touches a regulated area, we implement the requirements you and your advisers specify; we are not your regulatory adviser and we do not certify compliance.

21. Limitation of liability

Nothing in these terms limits or excludes either party’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded. Nor does anything here limit your obligation to pay fees properly due.

Subject to that, neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of business or opportunity, loss of goodwill, or for any indirect or consequential loss, in each case however arising. Subject to that, our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort including negligence, breach of statutory duty or otherwise, is limited to the total fees paid by you to us under that engagement in the twelve months preceding the event giving rise to the claim. You are responsible for maintaining your own backups and for your own business continuity arrangements.

22. Termination and what happens on exit

Either party may terminate a monthly engagement on the notice period stated in the engagement letter, ordinarily 30 days. Either party may terminate any engagement immediately on written notice if the other commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent. On termination you pay for work performed and for committed third-party costs incurred up to the termination date.

On exit, and provided sums properly due have been paid, we assign the intellectual property in what has been delivered, hand over any credentials we hold through a secure channel, remove our own access from your accounts, provide the architecture and deployment documentation the next engineer needs, and answer reasonable handover questions. We will delete or return personal data as the data processing agreement specifies. There is no exit fee and no clause designed to make leaving expensive, because the repositories and accounts were yours throughout.

23. Use of this website

The content of this site, including the cost calculator, is provided for general information. Calculator output is an indicative range based on the options you select and is expressly not a quotation. The text, design and code of this site remain ours. Do not submit anything unlawful, do not attempt to interfere with the site or its forms, and do not scrape it for commercial purposes. We may change or withdraw any part of the site without notice.

24. General

These terms and the engagement letter are the entire agreement between us on their subject matter and replace any earlier discussion, proposal or representation, save that nothing excludes liability for fraudulent misrepresentation. No variation is effective unless recorded in writing. A failure to enforce a term is not a waiver of it. If any provision is held unenforceable, the rest continues in force. Neither party may assign the agreement without the other’s written consent, except to a successor of substantially the whole of its business. Notices must be in writing and may be given by email to the addresses in the engagement letter. Neither party is liable for failure caused by events outside its reasonable control, provided it notifies the other and mitigates. Nothing here creates a partnership, joint venture or employment relationship. A person who is not a party to the agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

25. Governing law and jurisdiction

These terms, each engagement, and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, are governed by and construed in accordance with the law of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. Before issuing proceedings, both parties agree to put the dispute in writing and to attempt in good faith to resolve it, including by mediation where either party proposes it — which is faster and very considerably cheaper than litigation for a dispute of the size this industry usually produces.

What this document is not

This is a plain-English statement of our standard terms, published so you can read it before you speak to us rather than after. It is not legal advice and it is not a template for your own contracts. Where a signed engagement letter, statement of work or framework agreement exists between us, that document prevails over this page wherever the two conflict. If your own legal team would rather work from your paper than ours, send it over — that is a normal request and we will read it properly.

Questions about these terms

Email info@makemyapp.uk or call +44 7446 973371. We would far rather answer a question about a clause now than argue about it later.