Terms of Service

Agreement to Terms

By accessing and using the Markus Cloud website and services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not access our website or use our services.

Services

Markus Cloud provides professional cloud computing services, DevOps solutions, consulting, and custom software development. Specific services, deliverables, timelines, and fees will be defined in separate service agreements or statements of work.

Use of Website

Permitted Use

You may use our website for lawful purposes only. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful code, viruses, or malicious software
• Attempt unauthorized access to our systems
• Collect user information without consent
• Use automated systems to access the website without permission

Account Security

If you create an account or receive credentials for accessing our services, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

Intellectual Property

Our Content

All content on this website, including text, graphics, logos, images, and software, is the property of Markus Cloud or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Client Work Product

For services provided to clients, ownership of deliverables and intellectual property will be specified in the service agreement. Generally, upon full payment, clients receive ownership of custom work products created specifically for them, while Markus Cloud retains ownership of pre-existing materials, tools, and methodologies.

Professional Services

Engagement Process

Professional services engagements begin with:

• Initial consultation and requirements gathering
• Proposal or statement of work outlining scope, timeline, and fees
• Signed agreement by both parties
• Project kickoff and execution

Payment Terms

Payment terms will be specified in the service agreement. Generally:

• Payment is due according to the schedule specified in the agreement
• Late payments may incur fees or result in suspension of services
• All fees are in USD unless otherwise specified
• Expenses will be billed separately if applicable

Project Changes

Changes to the scope of work after agreement execution may require a change order with adjusted timeline and fees. We will discuss and document any significant changes before proceeding.

Warranties and Disclaimers

Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. Specific warranties for deliverables will be outlined in the service agreement.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, OUR SERVICES AND WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKUS CLOUD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims arising from services provided shall not exceed the fees paid by the client for the specific services giving rise to the claim.

Confidentiality

We respect the confidentiality of client information. Both parties agree to:

• Keep confidential information disclosed during the engagement private
• Use confidential information only for the purposes of the engagement
• Return or destroy confidential information upon request or completion
• Exceptions include information that is publicly available or independently developed

Termination

Either party may terminate a services engagement according to the terms specified in the service agreement. Generally:

• Either party may terminate with written notice
• Client is responsible for payment for work completed up to termination
• We will provide reasonable transition assistance
• Confidentiality obligations survive termination

Indemnification

You agree to indemnify and hold Markus Cloud harmless from any claims, damages, or expenses arising from your use of our services or violation of these Terms of Service.

Force Majeure

Neither party shall be liable for failure to perform due to causes beyond reasonable control, including natural disasters, war, terrorism, strikes, government actions, or internet/utility failures.

Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through:

• Good faith negotiation between the parties
• Mediation if negotiation is unsuccessful
• Binding arbitration or litigation as specified in the service agreement

Governing Law

These Terms of Service are governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Specific jurisdiction will be determined based on the service agreement.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective immediately upon posting to this website. Your continued use of our services after changes constitutes acceptance of the modified terms.

Entire Agreement

For specific service engagements, the service agreement along with these Terms of Service constitute the entire agreement between you and Markus Cloud, superseding all prior communications and proposals.

Contact

For questions about these Terms of Service, please contact us:

• Email: me@markus-cloud.com