Terms of Service

Effective Date: February 2026

1. Agreement to Terms

By accessing and using this website (cloudsoft.com.pl) and engaging CloudSoft Marcin Malinowski ("Service Provider," "we," "our") for consulting or development services, you agree to be bound by these Terms of Service. If you do not agree to abide by the above, please do not use this service.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on CloudSoft's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title and under this license you may not:

  • Modify or copy the materials
  • Use the materials for any commercial purpose or for any public display
  • Attempt to decompile or reverse engineer any software contained on the website
  • Remove any copyright or other proprietary notations from the materials
  • Transfer the materials to another person or "mirror" the materials on any other server
  • Violate any applicable laws or regulations

3. Consulting Services

Scope

CloudSoft provides cloud architecture, backend engineering and infrastructure consulting services on a time-and-materials or fixed-scope basis. The specific services to be provided will be detailed in individual service agreements or statements of work.

Timelines & Deliverables

  • Estimated timelines and deliverables will be agreed upon in writing before work commences
  • Delays due to client feedback, scope changes or resource unavailability are outside the Service Provider's control
  • All work is performed using reasonable professional effort; however, no guarantee of specific results is made

Payment Terms

  • Invoicing occurs at the agreed frequency (e.g., monthly, at project milestones)
  • Payment is due within 30 days of invoice date unless otherwise specified
  • Late payments may incur interest or suspension of services
  • All fees are exclusive of applicable taxes unless stated otherwise

4. Intellectual Property

Pre-existing IP

The Service Provider retains ownership of all pre-existing tools, frameworks, templates and intellectual property brought to the engagement.

Work Product

Code, documentation and deliverables created specifically for the client engagement are owned by the client upon full payment. However:

  • The Service Provider retains the right to use generalizable knowledge, techniques and patterns learned during the engagement
  • The Service Provider may use anonymized case studies or references to the engagement for marketing purposes with client permission

Third-Party Components

Work may include third-party open-source libraries, frameworks or services. Licenses for these components remain subject to their respective terms.

5. Confidentiality

The Service Provider agrees to maintain the confidentiality of any client information, data or business details shared during the engagement, except:

  • Information that becomes publicly available through no breach by the Service Provider
  • Information required to be disclosed by law or court order
  • Information shared with service providers assisting in the engagement under equivalent confidentiality obligations

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

The Service Provider shall not be liable for:

  • Any indirect, incidental, special, consequential or punitive damages
  • Loss of profits, revenue, data or business interruption
  • Damages arising from delays, errors, omissions or interruptions in service delivery
  • Client's failure to implement recommendations or follow best practices

TOTAL LIABILITY CAP: In no event shall the Service Provider's total liability exceed the fees paid by the client in the 12 months preceding the claim.

7. Warranties & Disclaimers

AS-IS BASIS

The website and all materials, information and services provided are presented on an "as-is" basis without warranties of any kind, express or implied.

NO GUARANTEE OF RESULTS

The Service Provider does not guarantee:

  • Specific business outcomes or ROI
  • Freedom from bugs, errors or security vulnerabilities
  • Compatibility with third-party systems or future software versions
  • Uninterrupted service availability

THIRD-PARTY SERVICES

The Service Provider is not responsible for the availability, security or functionality of third-party services, cloud providers or platforms used in the engagement (e.g., AWS, GitHub, etc.).

8. Support & Response Times

  • Response Time: Inquiries will be acknowledged within 24 hours during business hours
  • Availability: Support is provided on a best-effort basis; specific SLAs are subject to individual agreements
  • Support Channels: Email and agreed-upon communication channels

9. Cancellation & Termination

  • For time-and-materials engagements: Either party may terminate with 1 week's written notice
  • For fixed-scope engagements: Termination terms are specified in the statement of work
  • Upon termination, the client is responsible for payment for work completed through the termination date
  • The Service Provider will deliver all work-in-progress and transfer ownership of completed work upon payment

10. Indemnification

The client agrees to indemnify and hold harmless the Service Provider from any claims, damages or obligations arising from:

  • The client's use of deliverables in violation of applicable laws
  • The client's misuse or unauthorized modification of deliverables
  • Third-party claims related to client data or instructions provided to the Service Provider

11. Governing Law & Jurisdiction

These Terms of Service are governed by the laws of Poland. Any disputes shall be resolved through negotiation, mediation or arbitration as mutually agreed.

12. Changes to Terms

The Service Provider reserves the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated effective date. Continued use of the website or services after changes constitutes acceptance of the updated terms.

13. Severability

If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable and the remainder of the Terms shall remain in effect.

14. Contact

For questions about these Terms of Service, please contact:

CloudSoft Marcin Malinowski
Email: contact@cloudsoft.com.pl
Response Time: Within 24 hours