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User Reviewer1938377

Insite Mobile, LLC is in breach of contract and is engaged in intellectual property theft.Mr. [redacted] of Insite Mobile, LLC is in breach of contract and is engaged in intellectual property theft pursuant to a "work for hire" on a [redacted]. My company, [redacted], hired Mr. [redacted] to product a [redacted] on December 4, 2014.Mr. [redacted] agreed to provide the Pre-Production phase of the app in 1 week, but did not deliver a version of the app for 4 weeks.His work was inadequate, but in an effort to keep the project moving forward I provided all required graphic designs.Mr. [redacted] agreed to have a test of the app available on January 13, 2015, but did not provide the test and deliberately missed a conference call to discuss the project. I phoned and email Mr. [redacted] several times after this breach, but was ignored. On January 14, 2015, I released Mr. [redacted] from the project citing breach of contract. Mr. [redacted] then hastily assembled a test app, and demanded payment for services rendered. His test app was unusable and his conduct was so unprofessional that I could no longer work with him.Mr. [redacted] then informed me that I had surrendered all rights to my project as per our contract, and was about to publish the app using my intellectual property. His registration of copy written terms and usage of copy written graphics amounts to intellectual property theft, in which is is current engaged.I demand that Mr. [redacted] cease and desist all use of the terms [redacted], and refrain from any attempt to utilize the copy written material belonging to me as graphic designs of the [redacted] Mobile App.Desired SettlementI am demanding the return of the $935.00 deposit paid to Mr. [redacted] of Insite Mobile, LLC for breach of contract. I had offered Mr. [redacted] to retain his deposit if he were to provide me with the work to date, but he termed my offer "extortion" and refused. He has also claimed fraud now that I have disputed the $935.00 with my credit card company, and accuses me of "blackmail" with regard to my demands for redress.Business Response *THIS RESPONSE WAS INITIALLY WRITTEN AND FORMATTED AS A PDF WHICH INCLUDES EMAIL PDF ATTACHMENTS. IT WAS COPY/PASTED IN THE RESPONSE BOX. THE ATTACHMENTS AND ORIGINAL DOCUMENT CAN BE SENT TO ANY EMAIL ADDRESS PROVIDED BY THE Revdex.com, SINCE THERE IS NO UPLOAD FUNCTIONALITY PRESENT IN THIS PROCESS...I, [redacted] C.T.O. of INSITE MOBILE LLC would like to provide the following facts regarding the [redacted] App contract which is now in default. The defaulting parties involved are [redacted] and [redacted] of [redacted]...We at INSITE have extended every courtesy possible to [redacted] and [redacted] of [redacted] to complete this app project within the estimated budget and schedule set in our proposal and we deserve compensation for our time, efforts and patience. Even after she refused to make the final payment, we extended another $100 off the total of the already discounted project. Here are the facts and timeline supported by the email confirmations of [redacted]:1. On Dec 4th 2014 [redacted] and [redacted] agreed to our [redacted] Proposal v1 and made the non refundable start-up payment of $935.00 via [redacted] (which came at a 15% discount because they added development of an [redacted] version of the mobile app as stated in the proposal [redacted].pdf attached)2. The initial payment is non refundable in this case as per our terms of use/service as posted on our website http://www.insitemobile.info/[redacted]-privacy-policy 3. The project has our normal 5 phases of app development which is estimated by timeline in the detailed proposal document on page 6 and on our website http://www.insitemobile.info[redacted] :a. The page 5 cost table only addresses phases 1-3 and estimates 1 week for pre production, page 6 extends it to 2 weeks for Phase 1 & 2 because we have no control over when the client will provide their image assetsb. The production schedule on page 5 of the same proposal document shows an estimated 2-3 weeks for production of the [redacted] app onlyc. There is a note* in the production table on page 5 that shows the estimated time for [redacted] production only, and further states that the cost and time would double if [redacted] was added, but the client would receive a 15% discount if they added [redacted] (which they did)d. However you view those facts in our favor or for the clients, the proposal set a timeline total anywhere from 4 - 8 weeks for Phases 1-3.e. The proposal does not in anyway set a timeline for phases 4 and 5 because those phases include, but are not limited to client feedback, optimization, changes/revisions and final review...f. We have absolutely no control over the timeline once the client is involved in the process. Some clients finish phases 4 and 5 in 1 week and a few clients with larger projects have extended them out past 1 year.4.EMAIL FROM[redacted] ATTACHED - [redacted] - [redacted]pdf On Dec 4th 2014 after making the initial payment, [redacted] promised to send image assets so I could create the image mockup templates.5. EMAIL FROM[redacted] ATTACHED - [redacted] - [redacted]_says_she_still_does_not_have_image_assets_ready.pdf On Dec 19th 2014 [redacted] sends the email stating that she is almost ready to send the image assets she promised and I requested on Dec 4th6. We all took off the last 2 weeks of the year for the holidays. We received no emails after December 19th until January 1st 20157. EMAIL FROM[redacted] ATTACHED - [redacted] - [redacted]_confirming_[redacted]mockup_templates.pdf On Jan 2nd 2015 [redacted] sends an email confirmation of receiving mockup templates made by me ([redacted]). She also states in the email that her and [redacted] know which one they like and expressed no amount of displeasure with the designs provided by me.8. The design mockups were actually my effort to move the process along, show the natural user interface design flow and keep to our projected timeline even though I still hadn't received the image assets from [redacted] to actually create them9. EMAIL FROM[redacted] ATTACHED - [redacted] - [redacted]_finally_sends_images.pdf On Jan 5th 2015 [redacted] finally provides the promised image assets, states that we had a very productive call and thanks everyone involved...10. In said email on the 5th, [redacted] mentions hoping additional uncompensated functionality could be added to the app11. All the files for the project are managed in [redacted] Drive. The files are automatically downloaded to every shared computer and accessible to all parties as they are uploaded to [redacted] Drive12. EMAIL FROM[redacted] ATTACHED - [redacted] - [redacted]_admits_she_cannot_properly_use_[redacted]_Drive.pdf On Jan 8th 2015 [redacted] admits that she is still trying to learn to use [redacted] Drive. She admits that she did not know that I already accessed all the files because they were already shared with my machine by [redacted]13. EMAIL FROM[redacted] ATTACHED - [redacted] - [redacted]_requesting_timeline_change_for_January_20th.pdf On Jan 13th 2015 [redacted] sent an email request at 8:15pm EST (After Business Hours) requesting that we finalize production on January 20th which would change our projected date of February 1st 2015 (Agreed by all parties on the conference call of Jan 5th) 14. On Jan 14 2015 I responded with a courtesy preview of the app with all aspects of production completed for phases 1-3 as per the proposal document. Even though a preview was not promised in the proposal and is not necessary in many cases. I provided a preview for [redacted] and an HTML preview showing the app working with all the functionality promised in the original proposal and all the images and assets provided to date. The preview of the [redacted] App as presented to [redacted] and [redacted] is at this link on our site and without change since its posting on January 14th 2015: http://insitemobile.info/[redacted]15. [redacted]'s additional unpaid requests for functionality (mentioned in point #10 above) were not added to the preview 16. A publishing date of January 14th 2015 excludes the 2 week Christmas holiday and solidifies our completion of phases 1-3 under the minimum projected time of 4 weeks17. In point #13, the client asked for completion of phases 1-3 by January 20th18. We finished phases 1-3 ahead of our schedule and the clients requested change date of Jan 20th...19. In Phases, 4 and 5 as outlined and agreed to in the proposal we normally discuss any final changes and additions the client may want to the app. We receive final payment and make the final changes. [redacted] was told that we were now into the last two phases where the final payment was due20. EMAIL FROM[redacted] ATTACHED - [redacted] - [redacted]_demands_Source_Files_or_threatens_Chargeback.pdf On Jan 14th 2015 [redacted] after receiving and testing the app asks me in this email to give her the source codes to the app (which were never promised in the proposal) at the cost of the initial payment, without paying her final payment of $935. Her email states that If I do not agree to this, she would initiate a charge-back with her card company which she did.21. In a 24 hour total change of demeanor and heart as expressed in her previous emails and after all the work and emails of praise and thanks from December 3rd through January 13th from [redacted] to me, why would she want source codes to the apps we created? To discount our services or to receive a discount? 22. At this time the client [redacted] and [redacted] still owes INSITE MOBILE LLC $935 for the final payment they agreed to in the proposal


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User Reviewer1938374

Complaint[redacted] of Insite mobile llc was hired by me in January 2014 to create a mobile app the was never completed after he was paid for project.[redacted] of Insite mobile llc was hired by me in January 2014 to create a mobile app name [redacted]. The total cost of the project was 3,200.00.Isent multiple payments towards completion of the project. During the end of this project [redacted] stated that the app was completed but could never send me a final version to test only promises that he never kept. In about April this year 2015 after the final payment I was no longer able to reach [redacted]. I made attempts to contact MR. [redacted] via phone ,texts and emails with no response. I also had an attorney send him a complaint letter which he failed to accept to give me a proper response. As in the previous complaint Insite Mobile llc is providing poor service and Mr. [redacted] is a fraud with his business. Desired SettlementI demand a full refund of the 3,200.00 that I paid for completion of the project, In support to my request I am losing potential revenue due to his refusal to complete the work r communicate with me as to the reasoning behind the delay.Business Response Contact Name and Title: [redacted]Contact Phone: [redacted]Contact Email: [redacted]Regarding the[redacted] project: I [redacted], C.T.O. will respond to this case with text and email supplied by and to Mr. [redacted], hopefully to remove all ambiguity and come to a resolution...1. Mr. [redacted] was referred to INSITE by another client around Jan 7th 2014.2. We liked Mr. [redacted]'s idea, so I personally wrote and sent him a proposal on 1/20/14. 3. Mr. [redacted] agreed to the proposal, but did not have enough money to start the project.4. Mr. [redacted] was given a 40% discount based on the referral, after which he stated that he still could not afford the $1600 down payment5. So, we made an exception and allowed Mr. [redacted] to break his payments into 3 milestones.6. Mr. [redacted] agreed to and made a 1/4 payment on 1/22/14 to start the project7. ON page 5 of our agreement with Mr. [redacted] we agreed to develop a mobile application compatible with the latest[redacted] model at the time which says "[redacted]" specifically (32-bit), but includes[redacted] 5s (32-bit)8. We went into 5 phases of production for Mr. [redacted]'s app. After the initial design phase, he approved and made another 1/4 payment to begin phase 2 (development).9. During phase 2 Mr. [redacted] stated that he had work obligations with[redacted] and would be unreachable for some time. I didn't hear from him until a month later 4/2/14 at which time we were in phase 3 of the project where Mr. [redacted] was to supply info for the app like terms of use etc.10. On 4/5/14 Mr. [redacted] said that he would be going away again and asked me to look at his computer that was having trouble. He sent me the computer in the mail. 11. I removed a virus, updated the computer and sent it back to him in May 2014. I was never paid the service fee for fixing Mr. [redacted]'s computer.12. At that point Mr. [redacted] informed me that he did not have money to pay for the computer service nor the completion of the app.13. I informed Mr. [redacted] at that time that he also needed money to update the CMS and Component that control his app. He agreed that we are not liable for 3rd party updates that come at a cost which is noted in our terms of agreement as well14. Mr. [redacted] reached out to me on 2/3/15 saying that he finally had the money to finish the project. He was sent version 1.0.1 the same day via TEST FLIGHT (a portal for testing development apps)15. From our records Mr. [redacted] downloaded and tested his app 2/3/15. He asked for Final changes before publishing. He tested all versions including version 1.0.51 which he received and tested on 2/11/15 (6 days later)16. He agreed to the look and function of [redacted] version 1.0.51 app. He tested the app on his[redacted] after which he made his final $1600 payment17. Instead of publishing the app right away, Mr. [redacted] stated that he wanted friends and family to test the app and maybe make a few extra changes before the launch to live.18. In our agreement Mr. [redacted] agreed to one round of final revisions. But he made 5 rounds of revisions in 1 week from version 1.0.1 to 1.0.5119. Mr. waited from 2/11/15 to 3/11/15, then submitted a new set of 4 minor changes20. This is where forces outside of our control took over!21. [redacted] bought the Test Flight App we used to test Mr. [redacted]s app, which sent copies of the new app versions directly to Mr. [redacted]. [redacted] officially shut down the website and all info on 2/26/15. 2 weeks before Mr. [redacted] responded with the 4 "courtesy" final changes: http://[redacted]22. We at INSITE had to spend time moving all of our clients over to the new system for Test Flight now controlled by [redacted], but still in beta at the time. A a major courtesy we did not pass that cost along to our clients even though we should have.23. [redacted] then announced that all new apps must be compatible with[redacted] 6 and 6 plus. [redacted] states now that all apps must be converted to 64-bit now or they will not accept them.https://[redacted]24. Since the invention of the[redacted], we as developers have been able to publish apps for previous[redacted] versions even after the new[redacted] is released every September.25. Mr. [redacted]s app works fine for 32-bit phones like[redacted] 5s, but it is not compatible with[redacted] 6 which didn't exist when we made this agreement. Mr. [redacted]'s project now has him in a catch 22 situation: Mr. [redacted] must pay for the upgrade of his app to 64-bit to continue development. We cannot carry this cost as stated in our terms: http://www.[redacted]26. Even outside of our terms we cannot provide a refund for a project that was agreed complete by the client making final payment after review of the app. Not to mention the many discounts, additional cost waivers and extra design revisions.27. We provided Mr. [redacted] with the working app he tested on his phone in February, but [redacted] will no longer accept the 32-bit app to publish it unless it is updated not only for[redacted] 6, but now for [redacted] and[redacted] 6s which was just released for pre-sale this Saturday 9/12/1528. Through it all, Mr. [redacted] has been a pretty nice guy and decent client. But [redacted] trumps us both.29. At this point and in this case, we can offer a 50% discount and upgrade the app to 64-bit to be in compliance with [redacted]'s new rules. I will also accept one final round of revisions to be accepted in one document for a total additional cost of $800.30. We are here too help Mr. [redacted]. There is no company in America at our level who can or will create the app we have thus far for even double the price we've accepted...Consumer Response


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Category: Mobile Apps

Address: 1316 Broad St,, Durham, NC, 27705-3533

Phone:

(888) 871-0037
(336) 675-1225

Website: http://www.facebook.com/insitemobile

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